Allowed

Jitu Gouda v. State of Odisha

Orissa HC5 Apr 2021ABLAPL/3611/2021

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to multiple petitioners facing charges under various IPC sections. The court held that their release would not hinder investigation as they are willing to cooperate and have no chance of absconding.

What did the court decide?

Direction to arresting officer to release petitioners on bail if arrested, subject to cooperation with investigation and no other graver offences reported.

Jitu Gouda Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.3611 of 2021

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Jitu Gouda.

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Mitu Pradhan

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Santosh Kumar Sahu @ Santosh Sahu

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Ajay Kumar Gouda @ Ajit Gouda

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Kuna Gouda @ Kuni Gouda

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Jagatabandhu Nayak @ Jagabandhu Naik

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Rohita Muli

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Phakir Sahu @ Phakira Sahu

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Ramachandra Sahu @ Rama Sahu

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Sumana Gouda @ Suman Gouda

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Aswani Kumar Pradhan @ Aswani Pradhan

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Bapujee Pradhan @ Bapuji Pradhan

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Bapu Pradhan

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Arun Sethi @ Naba Sethi

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… Petitioners. - Versus – State of Odisha … Opp. Party.

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CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI

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O R D E R

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05.04.2021

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This matter is taken up by video conferencing mode.

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The petitioners in this case apprehending their arrest in Tarasing P.S. Case No.57 of 2021 corresponding to G.R. Case No.268 of 2021(A) on the file of learned S.D.J.M., Bhanjanagar, registered for alleged commission of offences punishable under Sections 147/148/294/ 342/332/353/307/506/149 of the I.P.C., have filed this petition for their release on pre-arrest bail.

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Heard learned counsel for the petitioners and learned counsel for the State.

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Perused the allegations made in the F.I.R.

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On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations including the alleged offence under Section 307 of I.P.C., circumstances in which the offences stated to have been committed and also it being not disputed that the petitioners’ release on pre-arrest bail shall not be a hindrance to the free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on prearrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the petitioners shall cooperate with the investigation and no other graver offence is reported against the petitioners besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties

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may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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………………….. S.Pujahari, J.

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RKS

Jitu Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jitu Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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