Goutam Tarini Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Goutam Tarini Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail not granted outright; the ABLAPL is disposed of with directions: the Petitioner to surrender before the learned J.M.F.C., Aska within one month; bail to be considered on merits in the first hour of the day; upon rejection, liberty to move the higher forum in the second hour the same day, with the higher forum requested to dispose of the application the same day on merit; case diary to be made available and case record transmitted; ground of parity, if any, to be considered by the court(s) below.

Issue for consideration

Whether the Petitioner (Goutam Tarini) is entitled to protection by way of pre-arrest bail in connection with G.R. Case No.204 of 2024 arising out of Gangapur P.S. Case No.71 of 2024, and how the anticipatory bail application is to be disposed of. +1 more

Court's answer

Considering the nature of the allegations and the release of the co-accused on the basis of whose statement the Petitioner has been implicated, the Petitioner is directed to surrender before the learned J.M.F.C., Aska within one month; on surrender and motion for bail, the learned J.M.F.C., Aska is to consider the bail on merits in the first hour of the day.

Ratio / Principle

There is no embargo on moving successive bail applications, more so anticipatory bail applications.

Key takeaways

In the event of rejection of the prayer for bail by the learned J.M.F.C., Aska, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day, and the higher forum is requested to endeavour to dispose of the bail application the same day on merit in accordance with law.ratio¶20
To facilitate disposal of the bail application, the case diary shall be made available to the concerned courts, and the learned J.M.F.C., Aska is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of the bail application.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail — Successive application — High Court of Orissa at Cuttack (V. Narasingh, J., 01.12.2025) holds there is no embargo on moving successive bail applications, more so anticipatory bail applications. Although the co-accused (Malay Ranjan Swain), on whose statement the petitioner stood implicated, had already been released on bail, pre-arrest bail was not granted outright. The petitioner (Goutam Tarini), sought to be involved in Gangapur P.S. Case No.71 of 2024 / G.R. Case No.204 of 2024 (Sections 272/273/120-B of IPC r/2 Section 52(a) of Orissa Excise Act, 2008), was directed to surrender before the learned J.M.F.C., Aska within one month; on surrender, bail to be considered on merits in the first hour of the day; upon rejection, liberty to move the higher forum in the second hour the same day, with the higher forum requested to dispose of the application the same day on merit, the case diary to be made available and the case record transmitted at the earliest; the ground of parity, if any, left to the court(s) below. ABLAPL No. 1433 of 2025 stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1433 of 2025

Goutam Tarini

Petitioner

Mr. G.K. Nayak, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panda, ASC

CORAM: JUSTICE V. NARASINGH ORDER

01.12.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.204 of 2024 pending on the file of learned J.M.F.C., Aska arising out of Gangapur P.S. Case No.71 of 2024 for commission of offences punishable under Sections 272/273/120-B of IPC r/2 Section 52(a) of Orissa Excise Act, 2008.

It is submitted by learned counsel that this Court by order dated 22.03.2024 directed the Petitioner to surrender and move for bail. It is further submitted that the basis of implication is on account of the co-accused statement.

It is stated that in the meanwhile the said coaccused (Malay Ranjan Swain) has since been released on bail. Hence, inter alia, on the ground of parity, he may be protected by pre-arrest bail.

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Learned counsel for the State opposes the prayer, inter alia, on the ground that there is no change in circumstance.

It is trite that that there is no embargo for moving successive bail application, more so anticipatory bail application.

Considering the nature of allegations and the release of the co-accused on the basis of whose statement the Petitioner has been implicated, it is directed that the Petitioner may surrender before the learned J.M.F.C., Aska in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Aska on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C., Aska, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. `

The case diary shall be made available to the concerned courts to facilitate disposal of the bail

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application of the Petitioner and learned J.M.F.C., Aska is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of Parity, if any, may be considered by the learned court (s) below.

Accordingly, the ABLAPL is stands disposed of.

U.C.C. as per rules.

(V. NARASINGH) Judge

B.C.Tudu

Signature Not Verified

Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 04-Dec-2025 10:08:29

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