DEBENDRA NAYAK vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NOs. 7002 & 7762 of 2026
CNR Nos. ODHC010509102026 & ODHC010481122026

(In the matter of applications under Section 483 of
BNSS, 2023).


Lallan @ Lalan Khan
(In BLAPL No.7002 of 2026)
Debendra Nayak and another
(In BLAPL No. 7762 of 2026)
… Petitioners

Mr. J.K. Panda, Advocate

(in BLAPL No. 7002 of 2026)
Mr. P.K. Mishra, Advocate
(In BLAPL No. 7762 of 2026)


-versus-
State of Odisha … Opposite Party
Mr. C. Mahanty, Addl. PP


CORAM: JUSTICE G. SATAPATHY



DATE OF HEARING & JUDGMENT:03.09.2026(ORAL)

G. Satapathy, J.

1. Since these two 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.
2. These are the bail applications U/S.483 of
BNSS by the petitioners for grant of bail in connection
with Gunupur PS Case No.257 of 2025 corresponding to
TR Case No.77 of 2025 pending in the file of learned
BLAPL Nos.7002 of 2026 along with other cases
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Addl. Sessions Judge-cum-Special Judge, Gunupur, for
commission of offences punishable U/Ss.20(b)(ii)(C)/29
of the NDPS Act, on the main allegation of transporting
47 Kgs of Contraband Ganja on a Motor Cycle bearing
Regd. No. CG-13X-7542.
3. Heard, Mr. Jugala Kishore Panda, learned
counsel for the petitioner in BLAPL No. 7002 of 2026;
Mr. Prasanna Kumar Mishra, learned counsel for the
Petitioners in BLAPL No. 7762 of 2026 and Mr. C.
Mahanty, learned Additional Public Prosecutor in the
matter and perused the record. On being queried about
the criminal antecedent of the petitioners, Mr. Panda &
Mr. Mishra volunteer to withhold bail to the petitioners,
if he/they is/are found to have any criminal antecedent
of similar nature for commission of offence under NDPS
Act.
4. Admittedly, the petitioners were taken into
custody on 20.11.2025/19.11.2025, but in the
meantime, charge sheet has already been submitted,
however, the trial is yet to commence and there are 21
BLAPL Nos.7002 of 2026 along with other cases
Page 2 of 4

charge sheeted witnesses and, therefore, the trial
would take some more time. Further, it is claimed that
the petitioners are not having any criminal antecedent.
In the peculiar facts and circumstance of the case and
on consideration of material placed on record together
with the claim of the Petitioners for not having any
criminal antecedent of similar nature, the petitioners
would be considered to have satisfied the conditions of
Sec.37 of NDPS Act, if they are not having any criminal
antecedent for commission of offence under NDPS Act.
5. For the reason stated hereinabove and taking
into account the other circumstances on record in
entirety, this Court without expressing any view on
merit admits the petitioners to bail, but subject to
verification of their criminal antecedent.
6. Hence, these two bail applications of the
petitioners namely Lallan @ Lalan Khan (In BLAPL
No.7002 of 2026) and Debendra Nayak & Ramesh
Mallick (In BLAPL No.7762 of 2026) stand allowed and
each of the petitioners is allowed to go on bail on
BLAPL Nos.7002 of 2026 along with other cases
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furnishing bail bonds of Rs.1,00,000/- (Rupees One
Lakh) with two solvent sureties each 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.
In view of the specific submission as advanced
for the petitioners, the benefit of this order shall not be
extended to the concerned petitioner(s), if he/they
is/are found to have any criminal antecedent for
commission of offence under NDPS Act.
7. Accordingly, these BLAPLs stand disposed of.
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




Orissa High Court, Cuttack,
rd
Dated the 3 day of September, 2026/Priyajit

Signature Not Verified
Digitally Signed
Signed by: PRIYAJIT SAHOO
Designation: Sr. Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 03-Sep-2026 19:44:51
BLAPL Nos.7002 of 2026 along with other cases
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