Disposed¶25

Dharmendra Swain @ Mantu v. State of Odisha

Orissa HC22 Apr 2026BLAPL/2079/2026

Case brief

AI extract

What is this about?

Orissa High Court bail order (BLAPL No.2079 of 2026, 22.04.2026, V. Narasingh J.) concerning Dharmendra Swain @ Mantu, accused under Section 21(b) NDPS Act in Spl. 2 (a) CC Case No. 05 of 2026 (P.R. Case no. 95 of 20252026), Nayagarh; custody since 02.02.2026 for 80 grams Brown Sugar; earlier bail rejection dated 17.02.2026 under S. 483 BNSS; bail deferred during ongoing investigation due to criminal proclivity; liberty to reapply after charge sheet/final form on its own merits.

What did the court decide?

No bail granted at this stage; liberty to renew the bail prayer before the learned Court in seisin after submission of the final form, to be considered on its own merits without being influenced by the earlier rejection or this Court's order. ¶25

Dharmendra Swain @ Mantu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, an accused under Section 21(b) of the NDPS Act in custody since 02.02.2026 with a stated criminal proclivity of a similar nature, may be granted bail while the investigation is still in progress.

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Court's answer

This Court held it would not be prudent to consider the application for bail during the currency of investigation, without the benefit of evaluation of incriminating materials qua the Petitioner post charge sheet by the learned Court in seisin, noting his criminal proclivity of a similar nature; accordingly bail was not granted at this stage.

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Ratio / Principle

Liberty granted to the Petitioner to renew his prayer for bail before the learned Court in seisin after submission of the final form; such renewed prayer shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

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Detailed headnote1 paragraphs

Bail petition (BLAPL No.2079 of 2026, High Court of Orissa at Cuttack, Justice V. Narasingh, 22.04.2026) filed by Dharmendra Swain @ Mantu after rejection of his Section 483 BNSS bail application by the learned Spl. Judge, Nayagarh on 17.02.2026. Petitioner is an accused under Section 21(b) of the NDPS Act in Spl. 2 (a) CC Case No. 05 of 2026, arising out of P.R. Case no. 95 of 20252026, pending before the learned Sessions Judge cum Spl. Judge, Nayagarh, and in custody since 02.02.2026 on accusation of possession of 80 grams of Brown Sugar. Noting his criminal proclivity of a similar nature, the Court deemed it imprudent to consider bail during the currency of investigation without post charge sheet evaluation of incriminating materials qua him, and disposed of the application with liberty to renew the prayer after submission of the final form, to be judged on its own merits uninfluenced by the earlier rejection.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2079 of 2026

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Dharmendra Swain @ Mantu

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Petitioner

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Mr. D.Acharya, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. A.K Pati, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

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22.04.2026

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Order No.

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01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with Spl. 2 (a) CC Case No. 05 of 2026, pending in the Court of learned Sessions Judge cum Spl. Judge, Nayagarh, arising out of P.R. Case no. 95 of 20252026 , for commission of alleged offences under Section 21(b) of the NDPS Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of

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the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s. 483 of the BNSS by the learned Spl. Judge, Nayagarh by order dated 17.02.2026, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 02.02.2026 on the accusation of possession of contraband to the tune of 80 grams (Brown Sugar).

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Learned counsel for the State opposes the prayer for bail.

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Since admittedly consideration of the learned trial Court during the currency of investigation and the Petitioner has criminal proclivity of similar nature, this Court is of the considered view that, it would not be prudent to consider the application for bail, during currency of investigation, without having the benefit of evaluation of incriminating materials qua the Petitioner, post charge sheet by the learned Court in seisin.

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Liberty is granted to the Petitioner to renew his prayer before for the learned Court in seisin after submission of final form, which shall be considered on

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its own merits without being influenced by the earlier rejection or the order passed by this Court.

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Accordingly, the BLAPL stands disposed of. U.C.C as per rules.

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(V. NARASINGH) Judge

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Soumya

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Signature Not Verified

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Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 24-Apr-2026 15:27:34

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Dharmendra Swain @ Mantu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dharmendra Swain @ Mantu v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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