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Judgment
G. Satapathy, J.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Tumudibandh PS Case No.05 of 2026 corresponding to CT Case No.35 of 2026 pending in the Court of learned Special Judge-cum-Addl. Sessions Judge, Balliguda for commission of offence punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 30Kgs of Contraband Ganja, along with co-accused persons in a Honda City car bearing Regd. No. OD-05-Q-1399.
Heard, Dibya Jyoti Sahoo, learned counsel for the petitioner in BLAPL No.6365 of 2026; Mr. Kailash Kumar Mukhi, learned counsel for the petitioner in BLAPL No.7007 of 2026; Mr. Amulya Ratna Panda, learned counsel for the petitioner in BLAPL No.7587 of 2026 and Mr. P. Satpathy, learned Addl. PP in these matters and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Sahoo, Mr. Mukhi & Mr. Panda, learned counsels for the respective petitioners volunteer to withhold bail to the petitioner(s), if he/they is/are having any criminal antecedent of similar nature for commission of offence under NDPS Act.
Admittedly, the petitioners were taken into custody on 14.01.2026, but in the meantime, charge-sheet has already been submitted, however, the trial is yet to commence and there are 22 charge-sheeted witnesses and, therefore, the trial would take some time. Besides, it is claimed that the petitioners are not having any criminal antecedent of similar nature. In the peculiar facts and circumstance of the case and ongoing through the 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 Sec.37 of NDPS Act, if they are not having any criminal antecedent of similar nature for commission of offence under NDPS Act.
For the reason stated hereinabove and taking into account the custody period of the petitioners with submission of charge-sheet and keeping in view the other circumstances on record in entirety, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedent.
Hence, these three bail applications of the petitioners namely Rahul Sahani (BLAPL No.6365 of 2026); Binod Digal (BLAPL No.7007 of 2026) and Niranjan Digal (BLAPL No.7587 of 2026) stand allowed and each of the petitioners are 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 of similar nature for commission of offences under NDPS Act.
Accordingly, these BLAPLs stand disposed of.
Issue urgent certified copy of the order as per Rules. 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.