AI Structured Summary
Not yet generated for this judgment
Judgment
G. Satapathy, J.
Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Nayagarh PS Case No.92 of 2026 corresponding to TR Case No.24/66 of 2026 (Special GR Case No.25 of 2026) pending in the file of learned Additional Sessions Judge, Nayagarh, for commission of offences punishable U/Ss.21(b)/29 of NDPS Act, on the main allegation of possessing 9.40Grams of Brown Sugar.
Heard, Mr. Jyotirmaya Sahoo, learned proxy counsel appearing on behalf of Mr. Arun Kumar Budhia, learned counsel for the petitioner in BLAPL No.8202 of 2026 and Mr. Biswajit Mohanty, learned counsel for the petitioner in BLAPL No.8192 of 2026 and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record.
No doubt, the learned State Counsel opposes the bail applications of the petitioners for the petitioners having similar antecedent, but the petitioners are in custody since 18.05.2026 and 23.03.2026 and, in the meantime, 4 witnesses have already been examined, but the trial is yet to be concluded, however, there are all together 15 charge-sheeted witnesses and, therefore, the trial would take time. Besides, the allegation against the petitioners is for possessing 9.40Grams of Brown Sugar, which is stated to be intermediate quantity and, thereby, the provision of Section 37 of NDPS Act is not attracted against the petitioners. In the aforesaid facts and circumstances and taking into account the pre-trial detention of the petitioners in custody without the trial likely to be not concluding in near future and keeping the other circumstances on record in entirety including the inherent right of the accused-petitioners to be presumed innocent until proven guilty at the trial and there being no material to suggest that the petitioners would abscond or tamper with the prosecution evidence in the event of their enlargement on bail, this Court without expressing any view on merit, admits each of the petitioners to bail.
Hence, these two bail applications of the petitioners namely Khuri Begum (In BLAPL No.8202 of 2026) and Hapus @ Hakim Khan (In BLAPL No.8192 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.
Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.