Allowed

Anil Gouda v. State of Odisha

Orissa HC22 Jul 2024BLAPL/7019/2024

Case brief

AI extract

What is this about?

The High Court of Odisha permitted bail to the petitioners in a case involving offences under IPC and Arms Act, subject to a bond and conditions. The court directed the court below to verify criminal antecedents, with the bail order to be automatically revoked if antecedents are found.

What did the court decide?

Released on bail bond of Rs. 25,000 each with two local solvent sureties. Bail subject to verification of criminal antecedents by the court below.

Anil Gouda Vs State of Odisha — Bail and Remand | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7019 of 2024

¶2

1) Anil Gouda

¶3

Papun Paika

¶4

.....

¶5

Petitioners

¶6

Represented By Adv. – Mr. S.S. Ray (2)

¶7

-versus-

¶8

State Of Odisha

¶9

.....

¶10

Opposite Parties

¶11

Represented By Adv. –

¶12

Mr. A.P. Das, A.S.C.

¶13

CORAM:

¶14

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

¶15

ORDER

¶16

Order No. 22.07.2024

¶17

¶18

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶19

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

¶20

The present bail application under Section 439 of Cr.P.C. have been filed by the Petitioners for regular bail in connection with G.R. Case No.34 of 2024, arising out of Mohana P.S. Case No.32 of 2024, pending in the Court of learned J.M.F.C., Mohana, for alleged commission of offences punishable under Sections 427/452/294/307/323/341/34 of IPC read with Section 27 of Arms Act & Section 4 of the Explosive Substances Act.

¶21

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 02.07.2024. He further contended that the Petitioners have been falsely implicated in the present case and the injuries

¶22

Page 1 of 3.

¶23

sustained are all simple in nature. In course of hearing, learned counsel for the Petitioners produced a certified injury report. On perusal of the report, it appears that there were no external injuries or scratch mark on the body of the injured. It was contended that each of the Petitioners having no similar criminal antecedents. In such view of the matter learned counsel for the Petitioners contended the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

¶24

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that the criminal antecedents of the present Petitioners. Further, submits that in the event the Petitioners are released on bail there is a possibility that they might indulge in similar criminal offences. Therefore, on such ground, the bail application of Petitioners be rejected at this juncture. Further, submits that till date the investigation is still continuing.

¶25

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioners on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

¶26

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 8. It is further directed that the bail granted to the Petitioners be subject to the condition that the court below shall verify the criminal antecedent of the present Petitioners. In the event it is found by the court below that the Petitioners are having similar criminal antecedent, then this bail order shall automatically stand revoked.

¶27

Page 2 of 3.

¶28

Violation of any of the terms and conditions shall entail

¶29

cancellation of bail.

¶30

The BLAPL is, accordingly, disposed of.

¶31

( A.K. Mohapatra)

¶32

Judge

¶33

Debasis

¶34

Signature Not Verified

¶35

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 23-Jul-2024 20:17:02

¶36

Page 3 of 3.

Anil Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anil 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

Similar cases

Sanatan Munda Vs State of Odisha

Mohan Charan Sahani@Mohani Vs State of Odisha

Tapan Kumar Pradhan Vs State of Odisha

Biswajit Moharana @ Biswajit Maharana Vs State of Odisha

Prasanta Parida Vs State of Odisha

Anil Digal Vs State of Odisha