Orissa High Court
Anurag Sankhua vs State Of Odisha ….. Opposite Parties on 10 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6238 of 2025
Anurag Sankhua ..... Petitioner
Represented By Adv. -
Avijit Patnaik
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Rajdeep Pradhan, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.06.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Counsel
for the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the
Petitioner for anticipatory bail, involving offence punishable under
Sections 20(b)(ii)C/29 of NDPS Act in D.R. Case No.1531/PS, dated
26.03.2025 of the Court of learned Special Judge, Keojhar arising out
of Keonjhar Town P.S. case No.164 of 2025.
4. It is stated by learned counsel for the Petitioner that initially
the Petitioner was not named in the F.I.R., however, he has been
implicated in the present case on the basis of the co-accused
statement. He further submitted that nothing was recovered from the
exclusive and conscious possession of the present Petitioner,
Page 1 of 2.
therefore, the bar under Section 37 would not be attracted to the facts
of the present case.
5. Considering the facts of the case, this Court is not inclined to
grant anticipatory bail to the Petitioner. However, it is observed that
the Petitioner, if so advised, may surrender before the learned court
in seisin over the matter, in the aforesaid case within three weeks
from today. In the event the Petitioner surrenders and moves for bail
within the aforesaid period, learned court in seisin over the matter,
shall do well to dispose of the bail application of the Petitioner on the
same day on merit in accordance with law. Further, while considering
the bail application of the Petitioner, learned Court in seisin over the
matter shall consider the bail application taking into consideration the
aforesaid facts of the matter and shall apply the principles of parity
and the law laid down by the Hon’ble Supreme Court of India in
Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1.
The case diary be made available to the concerned court to facilitate
disposal of the bail application of the Petitioner.
6. The ABLAPL is disposed of accordingly.
7. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Vacation Judge
Anil
Signature Not Verified Page 2 of 2.
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 13-Jun-2025 11:26:53