IN THE HIGH COURT OF ORISSA AT CUTTACK Shaharuk Shaha (In BLAPL No.11391 of 2025)

Simanchal Jal (In BLAPL No. 11403 of 2025) … Petitioners Mr. A.R. Panda, Advocate -versus-

State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

01.12.2025 Order No

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. 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.

3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with CT Case No. 100 of 2025 arising out of Tumudibandh PS Case No. 55 of 2025 pending in the file of learned Addl. District & Sessions Judge-cum-Special Judge, Balliguda for commission of offences punishable U/Ss. 20(ii)(C)/29 of the NDPS Act, on the main allegation of transporting 21Kgs of Contraband Ganja in a Scooty bearing Registration No. OD-08-D-4867.

4. Heard, Mr. Amulya Ratna Panda, learned counsel for the Petitioners and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Panda 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.

5. Admittedly, the Petitioners are in custody since 06.05.2025 and in the meantime, charge sheet has already been submitted. There are 25 charge sheeted witnesses and, therefore, the trial would take some time. In the peculiar facts and circumstance, especially when it is claimed that the petitioners are not having any criminal antecedent of similar nature, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they do not having any criminal antecedent of similar nature for commission of offence under NDPS Act.

6. For the reasons stated hereinabove and taking into account the other circumstances on record in entirety including the inherent right of an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the Petitioners to bail, but subject to verification of their criminal antecedent.

7. Hence, these two bail applications of the petitioners namely Shaharuk Shaha and Simanchal Jal in BLAPL Nos. 11391 and 11403 of 2025 are allowed and each of the petitioners is 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 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.

8. Accordingly, these BLAPL Nos. 11391 and 11403 of 2025 stand disposed of.

9. Issue urgent certified copy of the order as per Rules.

(G. Satapathy)

Judge Priyajit Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Dec-2025 11:51:22