IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9616 of 2025 Ajay Sundara …. Petitioner(s)

Mr. Bijay Kumar Behera, Advocate -versus-

State of Odisha …. Opposite Party(s)

Ms. Subhalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No. 18.12.2025

02. 1. Heard.

2. The petitioner is an accused in connection with S.I. of Excuse, District Mobile Unit Khurda P.R. Case No.188/2025-2026 corresponding to T.R. Case No.82 of 2025 registered on the allegation of the commission of the offence under Section 21(b) of the N.D.P.S. Act pending in the Court of the learned 1^st Additional Sessions Judge-cum-Special Judge under N.D.P.S. Act, Khurda.

3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 21.08.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.

4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

5. The prosecution case, in brief, is that on 19.08.2025 at about 11.00 A.M., while the informant along with other Excise officials was performing patrolling duty at Chandichua Chhaka, he received reliable information that the petitioner was selling brown sugar to local youths near Bauti Temple within the jurisdiction of Industrial Police Station. Acting upon such information, the informant along with the staff proceeded to the spot and, on suspicion, detained the petitioner. Upon search, 52 grams of brown sugar was allegedly recovered from the possession of the petitioner.

Hence, the F.I.R.

6. Vide order dated 23.09.2025, learned counsel for the petitioner was directed to file an affidavit disclosing the criminal antecedents of the petitioner and their status. Pursuant thereto, learned counsel for the petitioner filed comprehensive affidavit disclosing that the petitioner is not involved in any other cases. He further submits that 52 grams of brown sugar was allegedly seized from the possession of the petitioner, which is less than the commercial quantity. The petitioner is in custody since 19.08.2025. 7. Regard being had to the period of custody from 19.08.2025, the nature of accusation, the quantity of contraband seized and the fact that the trial has not yet been commenced, I am inclined to admit the petitioner on bail.

Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:-

(i) The petitioner shall report before the concerned Police Station being physically present on last Sunday every month for two months.

(ii) He shall cooperate with the investigation.

(iii) He shall not leave the jurisdiction of the trial Court till disposal of the trial.

(iv) He shall appear before the trial Court on each date on which the case is posted for trial.

(v) He shall not tamper with the evidence in any manner whatsoever.

(vi) The petitioner shall not commit any offence while on bail, and (vii) He shall be released on bail subject to verification of similar nature of offence which has not been disclosed in the petition.

Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.

8. The BLAPL is accordingly disposed of.

(S.S. Mishra Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authenticatio