Prakash Chandra Pradhan @ Prakash Ch. Padhan Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

Prakash Chandra Pradhan @ Prakash Ch. Padhan (In BLAPL No.2483 of 2025) Mukesh Kumar Nanda (In BLAPL No. 2933 of 2025) Rakesh Kumar Pradhan (In BLAPL No. 3236 of 2025)

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… Petitioners

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Mr. S.K. Mohanty, Advocate (for all the BLAPLs) -versus-

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State of Orissa

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… Opposite Party Mr. P. Satpathy, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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01.

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ORDER(ORAL) 03.07.2025

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Since these three 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 2^nd successive bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Daspalla P.S. Case No.185 of 2024 corresponding to T.R. Case No.158 of 2024 (Special G.R. Case No.53 of 2024) pending in

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the file of learned Special Judge, Nayagarh, for commission of offences punishable U/Ss. 20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 60Kgs of Contraband Ganja in a Car bearing Regd. No.OD-02-AA-6535 along with co-accused persons. 4. Heard, Mr. Subodh Kumar Mohanty, learned counsel for all the petitioners and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record. At the outset, Mr. Mohanty informs this Court that these are the 2^nd bail applications of all the petitioners, but no bail applications of the present petitioners are pending before any other forum except these ones.

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The petitioner- Prakash Chandra Pradhan @ Prakash Ch. Padhan (BLAPL No. 2483 of 2025) renews his prayer for bail purportedly under the changed circumstance of commencement of trial, whereas the two other petitioners renew their prayer for bail for delay in disposal of the case. Admittedly, the petitioners have been detained in custody since 02.08.2024, but the trial is yet to be concluded and only 05 out of 15 charge sheeted witnesses have been examined in the meantime. Hence, the trial would take some considerable time. Further, no criminal antecedents of similar nature have been reported against any of the petitioners. In the

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peculiar facts and circumstances of the case, the conditions of Section 37 of NDPS Act may be dispensed with for the petitioners at this stage.

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For the reasons stated hereinabove and taking into account the custody of the petitioners and keeping in view their right to speedy trial and the fundamental principle of presumption of innocence of accused unless proven guilty, this Court without expressing any view on merits, admits each of the petitioners to bail.

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Hence, these three bail applications of the petitioners namely Prakash Chandra Pradhan @ Prakash Ch. Padhan (BLAPL No. 2483 of 2025), Mukesh Kumar Nanda (BLAPL No.2933 of 2025) and Rakesh Kumar Pradhan (BLAPL No.3236 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) each with two solvent sureties 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 is dispensed with . In case the Petitioner fails without sufficient

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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.

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(iii) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

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The IIC of jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

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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 petitioners in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, these BLAPLs stand disposed of. 9. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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S.Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Jul-2025 18:05:45

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Prakash Chandra Pradhan @ Prakash Ch. Padhan v. State of Odisha

Case brief

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Prakash Chandra Pradhan @ Prakash Ch. Padhan v. State of Odisha

Case brief

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