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Judgment
G. Satapathy, J.
Since these three 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 Dhanupali PS Case No.489 of 2025 corresponding to TR Case No.180 of 2025 pending in the file of learned Sessions Judge, Sambalpur, for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 26 Kgs and 90 Grams of Contraband Ganja in an Indica Car bearing Regd. No. OR-16B-4992.
Heard, Mr. Bijay Kumar Behera, learned proxy counsel appearing on behalf of Mr. Sachidananda Padhee, learned counsel for the petitioner in BLAPL No. 6723 of 2026; Mr. Dibya Prakash Mishra, learned counsel for the Petitioner appearing virtually in BLAPL No. 6772 of 2026; Mr. Gopal Prasad Lal, learned counsel for the Petitioner appearing virtually in BLAPL No. 6863 of 2026 and Mr. C. Mahanty, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Behera, Mr. Mishra & Mr. Lal volunteer to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
Admittedly, the petitioners were taken into custody on 30.12.2025, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence and there are 15 charge sheeted witnesses and, therefore, the trial would take some more time. Further, it is claimed that the petitioners are not having any criminal antecedent. In the peculiar facts and circumstance of the case and on consideration of material 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 for commission of offence under NDPS Act.
For the reason stated hereinabove and taking into account the other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedent.
Hence, these three bail applications of the petitioners namely Rakesh Mahananda (In BLAPL No.6723 of 2026), Ashis Nayak (In BLAPL No.6772 of 2026) and Pawan Kachhi (In BLAPL No. 6863 of 2026) stand 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 offence 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.