Alekha Sahu Vs State of Odisha

2. The petitioner is an accused in connection with Special Case (NDPS) No.133 of 2025 arising out of Ghantapada P.S. Case No.87 of 2025 registered on the allegation of the commission of the offence under Section 20(b)(ii)(C)/29 of the N.D.P.S. Act, pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Kantamal.

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3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 19.08.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.

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4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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5. The prosecution case, in brief, is that on 09.06.2025, the informant received reliable information regarding transportation of contraband ganja by certain persons. Acting upon such information, the informant constituted a raiding team and proceeded to Mandijore field near village Kudibahal. At about 7.30 A.M., the team reached the spot and kept surveillance. At around 8.15 A.M., the informant noticed two motorcycles followed by another two motorcycles, carrying jerry bags suspected to contain contraband ganja, proceeding at high speed from Kunasila side towards Mandijore. The informant signalled the riders to slow down, but on noticing the police, the suspects attempted to flee and ultimately succeeded in escaping from the spot despite chase. Upon inspection of the jerry bags left behind, ganja was found therein, which on weighment was found to be 100 kg and 430 grams, inclusive of the jerry bags. Hence, this case.

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6. Learned counsel for the petitioner hands up the order dated 12.12.2025 passed by the learned trial Court wherein the coaccused, Rabindra Patra @ Patra has been admitted to bail.

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7. Perusal of the order dated 12.12.2025, indicates that the co-accused, Rabindra Patra had earlier approached this Court by filing CRLMC No.4847 of 2025 and the coordinate Bench of this Court while disposing of the said CRLMC, vide order dated 21.11.2025, passed the following order:-

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“5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for.

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6. Further, taking into consideration the submission made by the learned counsel for the Petitioner that nothing has been recovered from the exclusive and conscious possession of the present Petitioner, as is evident from the seizure list under Annexure-2; and that the Petitioner is ready and willing to cooperate with the trial, without expressing any opinion on the merits of the matter, it is directed that if the Petitioner surrender before the court in seisin over the matter within four weeks from today and move an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day. While considering the bail application of the Petitioner, the court in seisin over the matter shall take into consideration the fact that since nothing has been recovered from the exclusive and conscious possession of the present Petitioner, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case and pass necessary order. The Case Diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.”

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Pursuant to the said order, the co-accused moved an

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application before the learned trial Court for grant of bail. The

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learned trial Court by considering the facts of the present case, enlarged him on bail.

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8. Mr. Tripathy, learned counsel for the petitioner has also relied upon the forwarding letter to emphasize the fact that the role attributed to the present petitioner is exactly similar to that of the role of co-accused, Rabindra Patra, who has been enlarged on bail. The petitioner is in custody since 16.08.2025.The State counsel has not disputed this aspect of the matter.

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9. Regard being had to the period of custody, the nature of accusation and the fact that the co-accused has already enlarged on bail, I am inclined to admit the petitioner on bail.

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Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:-

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(i) The petitioner shall report before the concerned Police Station being physically present on last Sunday every month for two months;

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(ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial;

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(iii) He shall appear before the trial Court on each date on which the case is posted for trial;

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(iv) He shall not tamper with the evidence in any manner whatsoever; and

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(v) He shall not commit any offence while on bail.

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(vi) He shall be released subject to verification of pendency of

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similar kind of case against him.

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Violation of any of the conditions shall entail consideration

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for cancellation of the bail granted to the petitioner. In the event,

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any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before

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the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.

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10. The BLAPL is accordingly disposed of.

(S.S. Mishra)

Judge

Swarna

Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Dec-2025 11:49:19

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Alekha Sahu v. State of Odisha

Case brief

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Alekha Sahu v. State of Odisha

Case brief

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