Orissa High Court
Jaya Guntha vs State Of Odisha … Opposite Party on 1 July, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7455 of 2024
Jaya Guntha ... Petitioner
Mr. T.N. Murty, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 01.07.2025 08. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of the BNSS
by the petitioner for grant of bail in connection with
Padwa PS Case No.40 of 2016 arising out of TR Case
No.31(A) of 2016 pending in the Court of learned
Sessions Judge, Koraput, for commission of offence
punishable U/S.20(b)(ii)(C) of the NDPS Act, on the
allegation of transporting 679Kgs 56Grams of
Contraband Ganja in a Tata 407 vehicle bearing Regd.
No.AP-31-Y-4192.
3. Heard, Mr. T.N. Murty, learned counsel for the
petitioner appearing virtually and Mr. M.K. Mohanty,
learned Additional Public Prosecutor in the matter and
perused the record including the copy of depositions of
PWs.1 to 7.
4. It is found from the record that the present
petitioner was neither apprehended from the spot nor
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was found in conscious possession of any Contraband
articles, but he has been implicated in this case
because the vehicle in which Contraband article was
transported stands in the name of the petitioner.
Moreover, the trial has commenced and seven
witnesses have already been examined and the
petitioner is in custody since 11.06.2024. In the
peculiar facts and circumstance, this Court considers
that the conditions of Section 37 of NDPS Act may be
dispensed with for the petitioner at this stage.
5. For the reasons stated hereinabove and taking
into account the custody period of the petitioner, this
Court without expressing any view on merits admits the
petitioner to bail.
6. Hence, the bail application of the petitioner
stands allowed and the petitioner is allowed to go on
bail on furnishing bail bonds of Rs.1,00,000/- (Rupees
One Lakh) only 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:-
(i) the petitioner shall not commit any
offence while on bail,
(ii) the petitioner in the course of trial
shall attend the trial Court on each date of
posting without fail unless his attendance
is dispensed with. In case the Petitioner
fails without sufficient cause to
appear in the Court in accordance
with the terms of the bail, the learnedPage 2 of 3
trial Court may proceed against the
Petitioner for offence U/S.269 of BNS,
2023 in accordance with law,
(iii) the petitioner shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating his present address of
stay to the concerned Court and
(iv) the petitioner 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 IIC of Jurisdictional Police Station shall not
detain the petitioner unnecessarily after recording his
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 petitioner
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 offence under NDPS Act on prima facie accusations
may be treated as a ground for cancellation of bail in
this case.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Signature Not Verified
Digitally Signed
Judge
Signed by: SUBHASMITA DAS
Subhasmita
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 02-Jul-2025 18:25:30
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