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Judgment
G. Satapathy, J.
Since these four 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 Bargarh Rural PS Case No.29 of 2026 corresponding to CT (Spl.) Case No.11 of 2026 pending in the file of learned District and Sessions Judge-cum-Special Judge, Bargarh, for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 21Kgs and 200Grams of Contraband Ganja, along with co-accused person in three motor cycles.
Heard, Mr. Sarat Kumar Jena, learned counsel for the petitioner in BLAPL No. 5326 of 2026; Mr. Amulya Ratna Panda, learned proxy counsel appearing on behalf of Mr. Manas Kumar Chand, learned counsel for the Petitioners in BLAPL Nos. 3209, 3218 & 3222 of 2026 and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Jena & Mr. Panda 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 09.02.2026, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence. In view of the aforesaid facts and on consideration of 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 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 four bail applications of the petitioners namely Shyamsundar Dalei (In BLAPL No.5326 of 2026), Krushna Chandra Ranbida (In BLAPL No.3209 of 2026), Bibhisan Kumbhar (In BLAPL No. 3218 of 2026) and Shanti Ranbida (In BLAPL No. 3222 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 of similar nature for commission of offence under NDPS Act. This Court, however, clarifies that acquittal of the accused in a criminal case shall not be considered as an antecedent.
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.