Sudhansu Gouda Vs State of Odisha

This is a bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Sorada P.S. Case No.235 of 2023 corresponding to G.R. Case No.430 of 2023 pending in the file of learned J.M.F.C., Surada, for commission of offences punishable U/S.394 of IPC r/w Section 25/27 of Arms Act, on the allegation of snatching away two gold chains and one mobile phone from the informant.

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Heard, Mr. A.K. Jena, learned counsel for the petitioners and Mr. D. Mohapatra, learned ASC in the present matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioners, so also the accusations sought to be brought against them and on

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going through the materials on record including the report received from the IIC, Sorada PS as produced by the learned ASC, wherein it is informed that no TI parade has been conducted, and regard being had to the pre trial detention of the petitioners in custody as well as the mode and manner of implication of the petitioners in this case, this Court admits the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each 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 with following conditions:-

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(i) the petitioners shall not commit any offence while on bail,

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(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

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(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay and

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(iv) the petitioners shall report attendance before the jurisdictional Police Station

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once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of their release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Feb-2024 14:23:39

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Sudhansu Gouda v. State of Odisha

Case brief

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Sudhansu Gouda v. State of Odisha

Case brief

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