Orissa High Court
Unknown vs State Of Orissa … Opposite Party on 1 July, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Abhijeet Vaidya
(In BLAPL No.13820 of 2023)
Hari Chandra Golari
(In BLAPL No.1851 of 2024)
Swapnil Shende
(In BLAPL No. 5395 of 2024)
Vikram Sonone
(In BLAPL No. 2693 of 2025)
... Petitioners
Mr. M. Nandy, Advocate
(For BLAPL No. 13820 of 2023)
Mr. S.K. Rout, Advocate
(For BLAPL No. 1851 of 2024)
Mrs. R.L. Panda, Advocate
(For BLAPL No. 5395 of 2024)
Mr. A.R. Panda, Advocate
(For BLAPL No. 2693 of 2025)
-versus-
State of Orissa ... Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 01.07.2025 13. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these four 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
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Nandapur PS Case No.56 of 2023 corresponding to TR
Case No. 66 of 2023 pending in the file of learned Addl.
Sessions Judge-cum-Special Judge, Koraput for
commission of offences punishable Under Sections
20(b)(ii)(C) of the NDPS Act, on the main allegation of
transporting 154 Kgs and 900 Grams of Contraband Ganja
in a Mahindra Scorpio bearing Registration No. MH-25-R-
6650.
4. Heard, Mr. Mangu Nandy, learned counsel for the
Petitioner-Abhijit Vaidya in BLAPL No. 13820 of 2023; Mr.
Sangram Keshari Rout, learned counsel for the Petitioner-
Hari Chandra Golari in BLAPL No. 1851 of 2024; Mrs.
Rebati Lata Panda, learned counsel for the Petitioner-
Swapnil Shende in BLAPL No. 5395 of 2024; Mr. Amulya
Ratna Panda, learned counsel for the Petitioner-Vikram
Sonone in BLAPL No. 2693 of 2025 who is stated to have
been surrendered to custody in view of the certified copy
of surrender certificate filed for him and Mr. P. Satpathy,
learned Additional Public Prosecutor in the matter and
perused the record.
At the outset, Mr. Amulya Ratna Panda learned
counsel for the petitioner in BLAPL No. 2693 of 2025,
however, informs the Court that this is the 2nd bail
application of the petitioner, but no bail application of the
petitioner-Vikram Sonone is pending before any other
forum except this one.
5. It is found from the record that the Petitioners
have been detained in custody since 19.05.2023, but the
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trial is yet to be concluded. It is, however, stated by the
respective counsels that only 01 witness has been
examined in the meantime, but the status report
submitted by the learned trial Court reveals examination of
01 out of 13 witnesses as on 10.01.2025. Right to speedy
trial is the fundamental right of an accused, but in this
case, the Petitioners have already been detained in
custody for little more than two years, however, the trial is
yet to be concluded. In such view of the matter, this
Court considers that the conditions of Sec. 37 of NDPS Act
may be dispensed with for the Petitioners at this stage,
especially when no criminal antecedent has been reported
against the Petitioners.
6. For the reasons stated hereinabove and taking
into account the long custody of the Petitioners, this Court
without expressing any view on merits admits each of the
petitioners to bail.
7. Hence, these four bail applications of the
petitioners namely Abhijit Vaidya, Hari Chandra Golari,
Swapnil Shende, and Vikram Sonone in BLAPL Nos. 13820
of 2023, 1851 & 5395 of 2024 and 2693 of 2025 stand
allowed and each of the petitioners is allowed to go on bail
on furnishing bail bonds of Rs.1,00,000/- (Rupees One
Lakh) 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
with following conditions:-
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(i) the petitioners shall not commit any
offence while on bail,
(ii) the petitioners in the course of trial
shall attend the trial Court on each date of
posting without fail unless their
attendance are dispensed with. In case
the Petitioners fail without sufficient
cause to appear in the Court in
accordance with the terms of the bail,
the learned trial Court may proceed
against the Petitioners for offence
U/S.269 of BNS,2023 in accordance
with law,
(iii) the petitioners shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating their present address
of stay to the concerned Court,
(iv) the petitioners shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six (06) months from the actual
date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not
detain the petitioners unnecessarily after recording their
attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case
will be at liberty to cancel the bail of the petitioners
without further reference to this Court, if any of the above
conditions are violated or a case for cancellation of bail is
otherwise made out. In the wake of aforesaid, the
subsequent involvement of the petitioner in future any
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offence under NDPS Act on prima facie accusations may be
treated as a ground for cancellation of bail in this case.
8. Accordingly, these BLAPL Nos. 13820 of 2023,
1851 & 5395 of 2024 and 2693 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-Jul-2025 11:22:39
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