Rajesh Baliarsingh Vs State of Odisha

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with Jeypore Town P.S. Case No.206 of 2025 corresponding to T.R. Case No.32 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, Koraput-Jeypore on the grounds stated.

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Perused the FIR, a copy of which, is at Annexure-1and it reveals registration of Jeypore Town P.S. Case No.206 of 2025 under Sections 20(b)(ii)C of the NDPS Act with allied offences in view of the interception and recovery of commercial quantity of Ganja while being transported in the vehicles bearing Registration Nos.HR-61-E-3330 & AP-39UD-6625. Such incident was reported by the S.I. of Police of Jeypore P.S. In so far as the involvement of the petitioner is concerned, according to Mr. Mohapatra, learned Senior

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Advocate, he is not involved in illicit transportation of Ganja but apprehends arrest in view of the confessional statement of one of the accused persons, namely, Biroj @ Biru Lama recorded during investigation. A copy of such statement is at Annexure-2 series. In the meantime, preliminary chargesheet is filed, a copy of which is at Annexure-3 series. The submission is that save and except the above disclosure made by the accused arrested in connection with the case, there is no other incriminating material available against the petitioner.

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Learned counsel for the State submits that one of the accused persons contacted the petitioner at Bhubaneswar and his vehicle was used by the latter ultimately seized by the police. The instruction received by the I.O. dated 27^th January, 2026 addressed to the office of the Advocate General, Odisha and a copy of the same is produced at the time of hearing. In the said intimation received, it is alleged that the petitioner harboured one of the accused. In reply, Mr. Mohapatra, learned Senior Advocate submits that the petitioner at best be said to have provided shelter to the accused, namely, Kartik Lama.

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Though, it has been claimed that the accused persons are Inter-State drug smugglers and the petitioner was in contact with one of them but in absence of any other materials to show his direct involvement in the illicit transportation of commercial quantity of contraband Ganja though it is not expected from him to be hobnobbing with any such person, with whom, he said to have acquaintance earlier, this Court, recording the objection of the learned counsel for the State, is of the view that instead of pre-arrest bail, the petitioner should

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instead be directed to surrender before the court concerned for being released with stringent conditions.

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6. Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the Court of learned Sessions Judge-cum-Special Judge, Koraput-Jeypore within a fortnight from today, it is directed that he shall be released on bail in connection with Jeypore Town P.S. Case No.206 of 2025 corresponding to T.R. Case No.32 of 2025 upon furnishing a bail bond of Rs.50,000/(Rupees fifty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall stay away from any of the accused persons connected to the case and cooperate the I.O. in the investigation till its completion.

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Issue urgent certified copy of this order as per rules.

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(R.K. Pattanaik) Judge

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Alok

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Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 23-Feb-2026 12:19:42

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Rajesh Baliarsingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajesh Baliarsingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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