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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 Pipili PS Case No.674 of 2025 corresponding to Spl. GR Case No.181 of 2025 pending in the file of learned 1st Addl. Sessions Judge, Puri for commission of offences punishable U/Ss.21(b)/29 of the NDPS Act, on the main allegation of jointly possessing 150.2 Grams of Brown Sugar.
Heard, Mr. Jagadip Sahoo, learned counsel for the petitioner in BLAPL No. 6351 of 2026; Mr. Mritunjay Banerjee, learned counsel for the Petitioner in BLAPL No. 6694 of 2026 and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Sahoo & Mr. Banerjee 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.
After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pre trial detention of the petitioners in custody since 01.11.2025/02.11.2025 with framing of charge against them in the meantime and taking into account the other circumstances on record in entirety including the well-recognized principle “bail is the rule, but jail is the exception” and there being no criminal antecedent reported against the Petitioners as claimed, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedent for offence under NDPS Act.
Hence, these two bail applications of the petitioners namely Umesh Kumar Swain @ Santa (In BLAPL No.6351 of 2026) and Kulamani Khatei @ Jatia (In BLAPL No.6694 of 2026) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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.
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.