Allowed

Abello Gamango v. State of Odisha

Orissa HC23 Jun 2021BLAPL/1456/2021

Case brief

AI extract

What is this about?

In this bail application, the High Court of Odisha granted bail to the petitioner charged with offences under the IPC and the Criminal Law Amendment Act. The applicant had previously sought anticipatory bail but failed to surrender within the stipulated time. Considering that other co-accused had been granted bail and the petitioner had not absconded, the court allowed the bail subject to conditio

What did the court decide?

Petitioner released on bail subject to conditions including monthly appearance before police, non-implication in further criminal activity, and trial attendance.

Abello Gamango Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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BLAPL No. 1456 of 2021

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Abello Gamango …. Petitioner

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-Vrs.-

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State of Odisha …. Opp. party

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04. 23.06.2021

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Heard Mr. P.K. Jena, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State through Video Conferencing mode.

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This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Abello Gamango in connection with Badagada P.S. Case No.05 of 2011 corresponding to S.T. Case No.09 of 2021 (G.R. Case No.07 of 2011) pending before the learned Addl. Sessions Judge, Bhanjanagar. Chargesheet has been filed for commission of offences under Section-120-B/121/121 A/124-A/435/427 of the I.P.C and Section 17 of the Criminal Law Amendment Act against the petitioner and others.

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Bichi

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The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge, Bhanjanagar which was rejected on 11.02.2021. The prosecution allegations in brief as per the FIR are that on 19.01.2011 at 7.00 A.M., the informantNabaghana Sahu had lent one Hitachi Machine to M/s.Budhiraj Mines Company, Bhubaneswar for construction of rural road (11 Kms) from Barbharania to Kaithagudi under Pradhan Mantri Gramya Sadaka Yogana under Badagada P.S., but found some unknown culprits have completely burnt the said Hitachi Vehicle. FIR was registered against unknown persons under Sections–

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435/427 IPC.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. When he learnt about this case against him, he alongwith 4 other accused persons (K. Anita Majhi, Kandra Dala Behera, Sudarshan Mandal and Bikram Mallik had approached this Hon’ble Court in ABLAPL No.5443 of 2020 and this Court vide order dated 01.12.2020 was not inclined to grant anticipatory bail but had permitted the petitioner and the co-accused persons to surrender before the learned court in seisin of the case within a period of 15 days and move for bail with a direction that the application would be considered on its own merit without being prejudiced by the said order taking into account the factum of grant of bail to the co-accused persons in its proper perspective. As the present petitioner could not surrender within the stipulated time the benefit of the said order was not extended to the petitioner by the learned Addl. Sessions Judge, Bhanjanagar. He further submits that Kandra Dalabehera and Sudarsan Mandal whose prayer for bail had been rejected by the learned Addl. Sessions Judge, Bhanjanagar by the same impugned order, have been granted bail in BLAPL No.3312 of 2021 by this Court.

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He further submits that the petitioner is not an absconder and while he was facing trial in ST Case No.130/2013, 131/2013 and 132/2013 request had been made by the learned JMFC Sorada for sparing him for this case, but he was not remanded in the present case. He has been acquitted in those three cases in 2015 and in the other case which is pending against him, his bail application is listed today. The present case S.T. Case No.09 of 2021 is posted for framing of charge. He also

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submits that the petitioner is a permanent resident of Village: Ranga Matia, P.S. Badagada in the district of Ganjam, which precludes any reasonable apprehension of his absconding from the process of justice, if he is released on bail.

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Mr. S.S. Mohapatra, learned Addl. Standing Counsel objects to the prayer for bail stating that the petitioner is a member of a maoist organization and has a number of criminal antecedents and has evaded arrest in this case since long and has not surrendered within the time permitted by this Hon’ble Court for which his prayer for bail has been rightly rejected. But he does not dispute the submission that the petitioner stands on the same footing as the two co-accused who have been granted bail in BLAPL No.3310 of 2021.

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Considering the respective submissions of the learned counsel, nature of allegations against the petitioner, release of the co accused on bail and after going through the order passed by the learned court below, I am inclined to allow this application for bail.

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Let the petitioner - Abello Gamango be released on bail, on such terms and conditions as the learned trial Court may deem fit and proper including the following conditions:

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He will appear before the Inspector-in-Charge of the Badagada Police Station on the first Sunday of every month in between 12.00 pm to 4.00 pm.

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He will not indulge in any criminal activity while on bail.

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He will not threaten or try to influence prosecution witnesses while on bail.

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He will appear on each date when the case is fixed for trial before the learned trial Court.

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Violation of any conditions will entail in cancellation of bail. The learned court below is directed to expedite the trial.

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The BLAPL is accordingly disposed of.

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Copy of this order be communicated to the IIC Badagada Police Station, District-Ganjam

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the petitioner may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April. 2021.

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………………..……..

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Savitri Ratho (Judge)

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Abello Gamango v. State of Odisha

Case brief

What is this about?

What did the court decide?

Abello Gamango v. State of Odisha

Case brief

What is this about?

What did the court decide?

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