AMAN KUMAR DIGAL @ AMAN DIGAL vs STATE OF ODISHA
- Court
- Odisha High Court
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NOs.6904 & 7845 of 2026
CNR Nos. ODHC010498112026 & ODHC010572762026
(In the matter of applications under Section 483 of
BNSS, 2023).
Aman Kumar Digal @ Amal Digal
(In BLAPL No.6904 of 2026)
Rakesh Digal
(In BLAPL No.7845 of 2026)
… Petitioners
Mr. J.K.Panda, Advocate
(in BLAPL No. 6904 of 2026)
Mr.S.Dash, Advocate
(in BLAPL No. 7845 of 2026)
-versus-
State of Orissa … Opposite Party
Mr. T.K.Acharya, 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 Biridi PS Case No.311 of 2025 corresponding to CT
Case No.389 of 2025 pending in the file of learned
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Sessions Judge-cum-Special Judge, Jagatsinghpur, for
commission of offences punishable U/Ss.20(b)(ii)(C) of
NDPS Act, on the main allegation of transporting
28.335Kgs of Contraband Ganja in a Swift car bearing
Regd. No.OD-05-BB-0845.
3. Heard, Mr. Judgal Kishore Panda, learned
counsel for the petitioner in BLAPL No. 6904 of 2026;
Mr.Satyabrata Dash, learned counsel for the petitioner in
BLAPL No. 7845 of 2026 and Mr. T.K.Acharya, learned
Additional Public Prosecutor in the matter and perused
the record. On being queried about the criminal
antecedent of the petitioners, Mr. Panda & Mr.Dash
jointly volunteers to withhold bail to the concerned
petitioner(s), if he/they is/are found to have any
criminal antecedent for commission of offence under
NDPS Act.
4. Admittedly, the petitioners were taken into
custody on 15.12.2025, but in the meantime, charge
sheet has already been submitted, however, the trial is
yet to commence and there are 16 charge sheeted
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witnesses and, therefore, the trial would take some
time. In the peculiar facts and circumstance of the case
and on consideration of materials placed on record
together with claim of the petitioners for not having any
criminal antecedent, the petitioners would be considered
to have satisfied the conditions of Section 37 of NDPS
Act, if they are not having any criminal antecedent for
commission of offences under NDPS Act.
5. For the reasons stated hereinabove and taking
into account the custody period of the petitioners, this
Court without expressing any view on merit admits each
of the petitioners to bail, but subject to verification of
their criminal antecedent for commission of offence
under NDPS Act.
6. Hence, these two bail applications of the
petitioners namely Aman Kumar Digal @ Aman Digal (In
BLAPL No.6904 of 2026) and Rakesh Digal (In BLAPL
No.7845 of 2026) are allowed and each of the
petitioners is allowed to go on bail on furnishing bail
bonds of Rs.1,00,000/- (Rupees One Lakh) with two
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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 of similar
nature for commission of offences under NDPS Act.
7. Accordingly, both the 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/Kishore
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 03-Sep-2026 20:45:46
Signature Not Verified
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