Orissa High Court
Ramdev Singh Choudhury vs State Of Orissa … Opposite Party on 26 June, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4805 of 2025
Ramdev Singh Choudhury ... Petitioner
Mr. S.S. Das, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. M.R. Patra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
26.06.2025
Order No.
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is the application U/S.483 of BNSS by the
petitioner for grant of bail in connection with PR Case
No.22 of 2022-23 arising out of 2(a) CC Case No.21 of
2022 pending in the Court of learned 2nd Addl. District &
Sessions Judge, Cuttack, for commission of offences
punishable U/Ss. 20(b)(ii)(c) of NDPS Act, on the
allegation of transporting 130 Kgs of Contraband Ganja
kept in 5 white color jerry bags in a truck bearing Regd.
No.RJ-14-GH-5127.
3. Heard, Mr. Sudhansu Sekhar Das, learned
counsel for the petitioner and Mr. M.R. Patra, learned
Additional Public Prosecutor in the matter and perused
the record.
4. It is not in dispute that the petitioner is in
custody since 23.04.2022, but trial is yet to complete and
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as per the report submitted by the learned trial Court, it
appears that despite issuance of several summons, the IO
is not turning up and the case has suffered four
adjournments and right not the case has been posted to
14.07.2025. In the circumstance as to when the trial
would conclude is still a guess, but right to speedy trial is
a fundamental right of an accused as guaranteed under
Article 21 of the Constitution of India. 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 reason stated hereinabove and taking
into account the long custody of the petitioner, this Court
without expressing any view on merits, admits the
petitioner to bail.
5. 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
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with the terms of the bail, the learned
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 I.I.C. 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 for
similar/grave offences on prima facie accusations may be
treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per
Signature Not Verified
Digitally Signed Rules.
Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, Cuttack (G. Satapathy) Date: 30-Jun-2025 12:24:27 Judge Jayakrushna Page 3 of 3