KILLO JINU vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NOs. 7016 & 7132 of 2026
CNR Nos. ODHC010500562026 & ODHC010509972026

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


Vantala Ramu @ V. Ramu
(In BLAPL No.7016 of 2026)
Killo Jinu
(In BLAPL No. 7132 of 2026)
… Petitioners

Mr. D.K. Panda, Advocate

(in BLAPL No. 7016 of 2026)
Mr. S.K. Tripathy, Advocate
(In BLAPL No. 7132 of 2026)


-versus-
State of Odisha … Opposite Party
Mr. S.C. Pradhan, 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
Chitrakonda PS Case No.211 of 2024 corresponding to
Special GR Case No.197 of 2024 pending in the file of
learned Addl. Sessions Judge-cum-Special Judge,
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Malkangiri, for commission of offences punishable
U/Ss.20(b)(ii)(C)/29 of the NDPS Act, on the main
allegation of escorting the Bolero Pick up vehicle without
registration No. carrying 300 Kgs of Contraband Ganja by a
Motor Cycle bearing Regd. No. AP-37CN-1137.
3. Heard, Mr. Deepak Kumar Pnada, learned counsel
for the petitioner in BLAPL No. 7016 of 2026; Mr. Somya
Kanta Tripathy, learned counsel for the Petitioner in BLAPL
No. 7132 of 2026 and Mr. S.C. Pradhan, learned Additional
Public Prosecutor in the matter and perused the record. On
being queried about the criminal antecedent of the
petitioners, Mr. Panda & Mr. Tripathy 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 14.12.2024, but trial is yet to be concluded even
after one year and eight months of the custody of the
petitioners and only 02 out 12 witnesses have been
examined. Further, neither any Contraband article was
recovered from the exclusive possession of the Petitioner
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nor were they found sitting in the Bolero vehicle carrying
the Contraband article. 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 and trial having not yet been concluded even after
more than 1 year and 8 months of the custody of the
petitioners, 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 Vantala Ramu @ V. Ramu (In BLAPL
No.7016 of 2026) and Killo Jinu (In BLAPL No. 7132 of
2026) stand allowed and each of the petitioners is allowed
BLAPL Nos.7016 of 2026 along with other cases
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to go on bail on 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
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