IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL Nos.9798 of 2025 & 1101 of 2026 (In the matter of application under Section 483 of the BNSS).

Bhagirathi Meher @ … Petitioners Bhagarathi Meher (In BLAPL No. 9798 of 2025)

Santosh Meher (In BLAPL No. 1101 of 2026)

-versus-

State of Odisha … Opposite Party For Petitioners : Mr. Sk. Zafarulla, Advocate (In BLAPL No. 9798 of 2025)

Mr. B.R. Tripathy, Advocate (In BLAPL No. 1101 of 2026)

For Opposite Party : Mr. T.K. Acharya, Addl. PP CORAM:

JUSTICE G. SATAPATHY DATE OF HEARING & DATE OF JUDGMENT:17.02.2026(ORAL )

G. Satapathy, J.

1. Since these two bail applications arise out of one and same case record, the same are taken up & heard together and disposed of by this common order with the consent of the learned counsel for the parties.

2. These are two bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Padampur PS Case No.192 of 2023 corresponding to Special GR Case No.57-B of 2023 being charge sheeted for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of the NDPS Act pending in the Court of learned Addl. Sessions Judge, Padampur, on the allegation of possessing 476 Kgs and 280 Grams of Contraband Ganja in the house of co-accused Chhuta @

Indrajit Meher along with co-accused persons.

3. Heard, Mr. Sk. Zafarulla, learned counsel for the Petitioner in BLAPL No.9798 of 2025; Mr. Biswajit Ranjan Tripathy, learned counsel for the Petitioner in BLAPL No. 1101 of 2026 and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record.

4. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners for possessing net weight of 476 Kgs and 280 Grams of Contraband Ganja in the newly constructed house of co-accused accused Chhuta @ Indrajit Meher along with other co-accused persons and they are accordingly charge sheeted as absconders for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of the NDPS Act, but the paramount consideration in granting bail is securing the attendance of the accused at the trial, which consideration has been thwarted by the aforesaid conduct of the Petitioners for remaining as absconders. Besides, the quantity of Contraband article seized in this case is much more than the limit of commercial quantity of 20Kgs and the Petitioners, thereby, are required to satisfy the conditions of Sec. 37 of NDPS Act, which is sine qua non for grant of bail for commission of offence under NDPS Act involving commercial quantity, but one of the stipulations as prescribed in Sec. 37 of NDPS Act is unlikelihood of commission of offence by the accused while on bail, however, the alleged involvement of the Petitioner-Bhagirathi Meher @ Bhagarathi Meher in Padampur PS Case No. 149 of 2014 is an impediment for recording satisfaction U/S. 37 of NDPS Act. Additionally, the bail application of the Petitioner Santosh Meher was earlier rejected by this Court in BLAPL No. 6111 of 2025, but there is virtually no change in circumstance to consider this bail application afresh.

5. No doubt, the Petitioners set plea of parity for their release on bail, but they do not stand with similar footings with co-accused released on bail inasmuch as co- accused persons released on bail do not have any criminal antecedent and they have not been shown as absconders in the charge sheet. Besides, the orders granting bail to co-accused persons do not disclose about discussion the conditions of Sec. 37 of NDPS Act, which is sine qua non for grant of bail for commission of offence under NDPS Act involving commercial quantity, but on careful scrutiny of materials placed on record together with the discussion made hereinabove does not disclose the present Petitioners to have satisfied the conditions of Sec. 37 of NDPS Act. In this regard, this Court is fortified with the decision in Satpal Singh Vrs. State of Punjab;

(2018) 13 SCC 813, wherein the pre-arrest bail application of one accused namely Satpal Singh was tur