Mukesh Baral Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

Mukesh Baral Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case (learned Special Judge, Puri), on terms and conditions deemed fit and proper by that Court; urgent certified copy of the order to be issued as per Rules and a soft copy communicated to the concerned Court and thereafter to the concerned Jail by e-mail.

Issue for consideration

Whether the petitioner, charged U/S.21(b) of the NDPS Act for alleged possession of 162 Grams of Heroin (TR Case No. 136 of 2025 pending before the learned Special Judge, Puri) and in custody since 09.09.2025, should be granted bail under S.483 of the BNSS.

Court's answer

After considering the rival submissions, the nature and gravity of the offences alleged against the petitioner vis-a-vis the accusations sought to be brought against him, his pre-trial detention in custody since 09.09.2025 with two witnesses examined in the meantime, other circumstances on record including the well recognised principle that "bail is the rule, but jail is the exception", and the absence of any reported criminal antecedent of a similar nature, the Court admits the petitioner to bail without expressing any view on merit.

Ratio / Principle

The petitioner is allowed to go on bail upon furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as that Court deems fit and proper.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice G. Satapathy, oral order dated 17.03.2026): BLAPL No.1086 of 2026 - Mukesh Baral v. State of Odisha. Bail application under S.483 of the BNSS in respect of District Unit Mobile Unit Puri PR No. 181 of 2025-26 / TR Case No. 136 of 2025 pending before the learned Special Judge, Puri, for alleged possession of 162 Grams of Heroin punishable U/S.21(b) of the NDPS Act. Considering the nature and gravity of the alleged offence, pre-trial detention in custody since 09.09.2025 with two witnesses examined meanwhile, absence of criminal antecedents of a similar nature, and the principle that "bail is the rule, but jail is the exception", the High Court admitted the petitioner to bail without expressing any view on merit, on bail bonds of Rs.50,000/- with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin. The BLAPL stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1086 of 2026

Mukesh Baral

… Petitioner

Mr. R. Choudhury, Advocate

-versus-

State of Odisha …

Opposite Party

Mr. S.C. Pradhan, Addl. PP

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL): 17.03.2026

Order No.

01.

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

This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with District Unit Mobile Unit Puri PR No. 181 of 2025-26 corresponding to TR Case No. 136 of 2025 pending in the Court of learned Special Judge, Puri for commission of offence punishable U/S.21(b) of the NDPS Act, on the main allegation of possessing 162 Grams of Heroin.

Heard, Mr. Ranjit Choudhury, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 09.09.2025 with examination of two witnesses in the meantime and taking into account the other circumstances on record in entirety including the well recognized principle “bail is the rule, but jail is the

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exception” and there being no criminal antecedent of similar nature reported against the Petitioner, this Court without expressing any view on merit admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety 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.

Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

(G. Satapathy) Judge

Priyajit

Signature Not Verified

Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 18-Mar-2026 14:42:21

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