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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with K. Nuagaon P.S. Case No. 04 of 2026 corresponding to C.T. Case No. 13 of 2026 pending in the file of learned Special Judge-cum-Addl. District & Sessions Judge, Balliguda, for commission of offences punishable U/S. 20(b)(ii)(C) of NDPS Act, on the main allegation of jointly possessing 27Kgs 900Grams of Contraband Ganja.
Heard, Mr. Mahes Das, learned counsel for the petitioners and Mr. T.K. Acharya, learned Addl. PP in these matters and perused the record. On being queried about the criminal antecedents of the petitioners, Mr. Das volunteers to withhold bail to the petitioners, if they 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 04.01.2026, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence and there are 11 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 of similar nature. In the peculiar facts and circumstances of the case, especially when no criminal antecedent of similar nature has been reported against the petitioners, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature for commission of offence under NDPS Act.
For the reasons stated hereinabove and taking into account the custodial period of the petitioners and their status as lady and applying the first proviso appended to Sec. 480 of BNSS, this Court without expressing any view on merit, admits each of the petitioners to bail, but subject to verification of their criminal antecedents for similar nature for commission of offence under NDPS Act.
Hence, the bail application of the petitioners namely stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) each with two solvent sureties 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 advanced for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if she/they is/are found to have criminal antecedent(s) of similar nature for commission of offence under NDPS Act.
Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this judgment be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.