Allowed

Pitambar Gadaba v. State of Odisha

Orissa HC18 Sept 2024BLAPL/8439/2024

Case brief

AI extract

What is this about?

The High Court of Orissa at Cuttack, upon hearing counsel and reviewing the materials, granted regular bail to the appellant in a case involving offences under the BNSS and the Arms Act, subject to a bail bond and specific conditions.

What did the court decide?

The appellant is released on bail by furnishing a bond of Rs.30,000 with two solvent sureties for the like amount, subject to specific conditions regarding conduct and trial attendance.

Pitambar Gadaba Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8439 of 2024

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Pitambar Gadaba

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..... Petitioner

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Represented By Adv. - Nihar Ranjan Sahoo

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – Mr. P.C. Das, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

18.09.2024

Order No.

01.

1. This matter is taken up through Hybrid mode.

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On the oral prayer of learned counsel for the Petitioner, he is permitted to carry out the correction of the court name in the cause title. Accordingly, a copy of the corrected cause title be uploaded by tomorrow.

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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 483 of BNSS, 2023, has been filed by the Petitioner for regular bail relating to Malkangiri P.S. Case No.433 of 2024, corresponding to G.R. Case No.534 of 2024, pending before the learned S.D.J.M., Malkangiri, for alleged commission of offence punishable under Sections 319(2), 331(4), 305, 3(5) of BNSS read with Section 25(1)(a) of the Arms Act.

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Page 1 of 3.

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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 learned counsel for the Petitioner that the Petitioner is in custody since 20.07.2024. He further contended that the investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioner further contended that as per allegation of the FIR, the Petitioner has been falsely implicated in the present case. It was also contended that the Petitioner does not have any similar criminal antecedent. He further contended that since the Petitioner belongs to locality, there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition deemed fit by this Court which the Petitioner undertakes to abide by while on bail.

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Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following

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Page 2 of 3.

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conditions:-

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i) shall not be involved in any offence of similar nature while on bail;

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ii) shall not harass, threaten or terrorize the informant or any of the prosecution evidence while on bail;

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iii) shall not make any default in attending the court during trial on each and every date without fail.

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iv) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation;

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

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra) Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 3 of 3. Location: High Court of Orissa, C utta ck Date: 19-Sep-2024 15:23:57

Pitambar Gadaba v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pitambar Gadaba v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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