Prasad Gouda Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.1807 of 2023 (arising out of Digapahandi P.S. Case No.295 of 2023) pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offence punishable under Section 395 of I.P.C., r/w Section 27 of Arms Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the

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learned counsel for the Petitioner that the Petitioner is in custody since 07.12.2023. He further contended that initially the F.I.R. was registered against unknown accused persons. He further contended that although the Petitioner has been arrested in another case, he has been taken on remand in the present case. He further contended that no TI parade has been conducted in the present case. He contended that in the meantime investigation has been concluded and charge-sheet has been filed. Learned counsel further contended that the Petitioner belongs to the locality, there is no chance of absconding. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are serious in nature. It is further contended that the petitioner is having four criminal antecedents and in the event this Court released the petitioner on bail, there is every possibility that he might indulge in similar criminal offences. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the period of custodial detention, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of

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the Petitioner shall also be subject to condition that he shall appear before the concerned Police Station once in a fortnight for a period of four months, thereafter, once in a month till conclusion of the trial preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.10,000/- (Rupees Ten Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedents of the Petitioner. In the event the Petitioner is having more than four similar criminal antecedents, this bail order shall automatically stand revoked.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra )

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Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Designation: A.R-cum-Sr. Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 26-Jul-2024 10:48:07

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Prasad Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prasad Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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