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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 OIC Excise Station, Nayagarh PR No.203 of 2025-26 corresponding to Spl. 2(a)CC Case No.01 of 2026 (TR Case No.70 of 2026) pending in the file of learned Additional Sessions Judge, Nayagarh, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 21Kgs of Contraband Ganja on the road.
Heard, Mr. Kuldeep Mohanty, learned counsel for the petitioner in BLAPL No.6928 of 2026; Mr. Jayadeba Behera, learned counsel for the petitioner in BLAPL No.8478 of 2026 and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Mohanty and Mr. Behera jointly volunteer to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedent for commission of offence under NDPS Act.
Admittedly, the petitioners were taken into custody since 03.01.2026, but in the meantime, PR has already been submitted, however, the trial is yet to commence and, therefore, the trial would take some time. In the peculiar facts and circumstances and on consideration of materials placed on record together with the claim of the petitioners for not having any criminal antecedent of similar nature, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he/they is/are not having any criminal antecedent for commission of offences under NDPS Act.
For the reasons stated hereinabove and taking into account the custody period of the petitioners, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedent for commission of offence under NDPS Act.
Hence, these two bail applications of the petitioners namely Lankeswar Digal (In BLAPL No.6928 of 2026) and Dibyasingh Pradhan (In BLAPL No.8478 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) 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.
In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent for commission of offences under NDPS Act.
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.