Allowed

Ashok Gouda v. State of Odisha

Orissa HC2 Apr 2024CRLA/131/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of multiple Criminal Leave appeals filed by appellants under section 14-A of the S.C. & S.T. (PoA) Act, 1989. The court considered the nature of accusations, period of detention, and injuries to victims before granting bail.

What did the court decide?

Appellants released on bail on furnishing a bond of Rs.50,000 each with two local solvent sureties, with conditions to not commit any criminal activity and appear in court.

Ashok Gouda Vs State of Odisha — Caste Atrocities | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.131 of 2024

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Ashok Gouda …. Appellant

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Mr.Biswajit Mohanty, Advocate

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-versus-

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State of Odisha & another …. Respondents

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Mr. Arupananda Das Addl. Government Advocate CRLA No.134 of 2024

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Kanhu Charan Gouda @ …. Appellant
Kanhu Gouda
Mr.Biswajit Mohanty, Advocate
-versus-
State of Odisha & another …. Respondents
Mr. Arupananda Das
Addl. Government Advocate
Mr. G.K. Nayak, Advocate (for
the informant)
CRLA No.212 of 2024
1. Bangara @ Muna
Pradhan …. Appellants
2. Sudam Acharya

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Mr.Lambodar Achari, Advocate

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-versus-

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State of Odisha & another …. Respondents Mr. Arupananda Das Addl. Government Advocate

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// 2 //

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CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER 02.04.2024

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Mr. Gopal Krishna Nayak, learned counsel files power for appearing on behalf of the informant in CRLA No.134 of 2024, which is taken on record.

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Since the informant in the other connected cases i.e. CRLA No.131 of 2024 and CRLA No.212 of 2024 is same and the case arises out of the same occurrence, learned counsel for the informant agreed to make his submission in CRLA No.131 of 2024 and CRLA No.212 of 2024.

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These appeals are under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Bhanjanagar P.S. Case No.1128 of 2023 corresponding to Spl. G.R. Case No.35 of 2023 now pending before the learned Addl. Sessions Judge -cumSpecial Judge, Bhanjanagar for offences punishable under sections 147/148/323/325/ 506/294/341/302/149 of the Indian Penal Code and sections 3(1)(r)(s)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act.

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The appellants moved an application for bail before the Court of Special Judge, Bhanjanagar which was rejected on 03.02.2024.

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Page 2 of 4

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// 3 //

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Learned counsel for the appellants submitted that the appellant Ashok Gouda in CRLA No. 131 of 2024 and the appellant Kanhu Charan Gouda @ Kanhu Gouda are in judicial custody since 06.12.2023 and the appellants Bangara @ Muna Pradhan and Sudam Acharya in CRLA No.212 of 2024 are in judicial custody since 08.12.2024 and they have been charge sheeted under sections 147/148/323/325/506/294/341/302/ 149 of the Indian Penal Code and sections 3(1)(r)(s)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that there are two injured persons in the case, namely, Rahul Nayak and Rahul Dalabehera and they have sustained simple injuries and therefore, the bail applications may be favourably considered.

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Learned counsel for the State submitted that all the appellants have got criminal antecedents.

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Learned counsel for the appellants have filed a comprehensive affidavits which indicate that they have been granted bail in those cases. Learned counsel for the appellant Sudam Acharya in CRLA No.212 of 2024 also files the comprehensive affidavit in Court today, which is taken on record.

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Learned counsel for the informant opposed the prayer for bail on the ground that the injured persons have sustained injuries on their head.

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Page 3 of 4

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// 4 //

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellants, the period of their detention in judicial custody and the nature of injuries sustained by the injured persons, I am inclined to release the appellants on bail.

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Let the appellants be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that they shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

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The CRLAs are accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

PKSahoo

Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Apr-2024 17:28:51

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Page 4 of 4

Ashok Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ashok Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

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