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Santosh Kumar Gouda Vs State of Odisha — Orissa HC (2026) — LawSathi Research

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Orissa HC
2026
Santosh Kumar Gouda Vs State of OdishaSantosh Kumar Gouda v. State of Odisha

Disposed¶¶39

Santosh Kumar Gouda v. State of Odisha

Orissa HC7 Jan 2026ABLAPL/795/2025

Case brief

AI extract

What is this about?

Anticipatory bail / pre-arrest bail; ABLAPL; common order; High Court of Orissa at Cuttack; Santosh Kumar Gouda; Ganesh Nahak; Prabin Kumar Gouda; State of Odisha; Sorada P.S. Case No.479 of 2024; G.R. Case No.788 of 2024; J.M.F.C. Sorada; B.N.S.,2023 Sections 126(2), 115(2), 118(1), 118(2), 351(3), 310(2), 109; Arms Act Sections 25(1)(a), 25(6), 27; E.S. Act Sections 3, 4, 5; settlement inter se between parties; affidavit; no compromise filed at police station; simple injuries; surrender within three weeks; release on bail by Court in seisin; cooperation with ongoing investigation; Justice V. Narasingh; order dated 07.01.2026.

What did the court decide?

Direction that on surrender within three weeks and moving for bail, the Petitioners be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to their cooperating with the ongoing investigation.

Why is it important?

On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. ¶¶36

What the court decided

AI extract

Outcome

Direction that on surrender within three weeks and moving for bail, the Petitioners be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to their cooperating with the ongoing investigation.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.788 of 2024 (arising out of Sorada P.S. Case No.479 of 2024) for offences punishable under B.N.S.,2023, the Arms Act and the E.S. Act.

Court's answer

On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Ratio / Principle

The Petitioners shall cooperate with the ongoing investigation.

Detailed headnote1 paragraphs

Common order of Justice V. Narasingh (High Court of Orissa, Cuttack, 07.01.2026) disposing of three pre-arrest bail applications — ABLAPL Nos.795, 797 and 800 of 2025 (Santosh Kumar Gouda, Ganesh Nahak and Prabin Kumar Gouda v. State of Odisha) — which arose out of the same F.I.R. (Sorada P.S. Case No.479 of 2024; G.R. Case No.788 of 2024 before the learned J.M.F.C., Sorada) for offences punishable under Sections 126(2)/115(2)/118(1)/118(2)/351(3)/310(2)/109 of B.N.S.,2023 r/w Sections 25(1)(a)/25(6)/27 of the Arms Act and Sections 3/4/5 of the E.S. Act. The Informant (stated to be himself an injured) relied on affidavit recitals to indicate settlement inter se between the parties, while the instruction remained that no compromise had been filed before the police station; the State opposed the prayer though the injuries were simple. The Court directed that on surrender within three weeks and moving for bail, the Petitioners be released on bail by the Court in seisin on such terms as deemed just and proper, and that they cooperate with the ongoing investigation.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.795 of 2025

Santosh Kumar Gouda

Petitioner

Mr. J. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C. Mohanty, ASC Mr. K.C. Behera, Advocate (Informant) ABLAPL No.797 of 2025

Ganesh Nahak

Petitioner

Mr. J. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C. Mohanty, ASC Mr. K.C. Behera, Advocate (Informant)

ABLAPL No.800 of 2025

Prabin Kumar Gouda

Petitioner

Mr. J. Sahoo, Advocate

-versus-

State of Odisha …. Opposite Party

Mr. C. Mohanty, ASC Mr. K.C. Behera, Advocate (Informant)

Page 1 of 3

CORAM: JUSTICE V. NARASINGH ORDER 07.01.2026

Order No.

03. 1. Since all the matters arise out of same F.I.R, they are heard together and disposed of by this common order on the consent of the parties.

Heard learned counsels for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.788 of 2024 pending in the Court of learned J.M.F.C., Sorada, arising out of Sorada P.S. Case No.479 of 2024 for commission of offence punishable under Sections 126(2)/ 115(2)/ 118(1)/ 118(2)/351(3)/ 310(2) / 109 of B.N.S.,2023, r/w Section 25(1)(a) / 25(6) / 27 of Arms Act and Section 3/4/5 of E.S. Act.

In terms of the earlier direction of this Court, the instruction received by the learned counsel for the State that no compromise in the matter has been filed before the police station is taken on record.

Learned counsel for the Informant submits

that he is also an injured and referring to the

Page 2 of 3

recitals of the affidavit submits that the matter has been settled inter se between the parties.

Learned counsel for the State opposes such prayer for pre-arrest bail though the injuries caused are simple, as borne out from the case record.

Taking into account the developments as noted, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

It is needless to state that the Petitioners

shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Jan-2026 20:37:23

Page 3 of 3

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.788 of 2024 (arising out of Sorada P.S. Case No.479 of 2024) for offences punishable under B.N.S.,2023, the Arms Act and the E.S. Act.¶¶29
The court held
On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.ratio¶¶36

Statutes considered

3 provisions across 3 enactments

AI extract

B.N.S.,2023126(2), 115(2), 118(1), 118(2), 351(3), 310(2), 109¶¶29
Arms Act25(1)(a), 25(6), 27¶¶29
E.S. Act3, 4, 5¶¶29

Procedural history

How this case reached the court

AI extract

Prior proceeding
Pre-arrest bail sought in connection with G.R. Case No.788 of 2024 pending before the learned J.M.F.C., Sorada, arising out of Sorada P.S. Case No.479 of 2024.¶¶29
Prior proceeding
In terms of an earlier direction of this Court, the instruction received by the learned counsel for the State that no compromise had been filed before the police station was taken on record.¶¶30
Prior proceeding
Learned counsel for the Informant, himself stated to be an injured, referred to the recitals of the affidavit to submit that the matter had been settled inter se between the parties.¶¶34

Parties & counsel

AI extract

petitioner
Santosh Kumar Gouda¶¶3
J. Sahoo
petitioner
Ganesh Nahak¶¶10
J. Sahoo
petitioner
Prabin Kumar Gouda¶¶18
J. Sahoo
respondent
State of Odisha¶¶7
C. Mohanty
other
Informant (name not stated)¶¶9
K.C. Behera

Coram

AI extract

V. Narasinghauthor¶¶25

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 7 Jan 2026 · January
Registered: 20 Jan 2025
Case no.: ABLAPL/795/2025
CNR: ODHC010041742025
Bench: V. Narasingh
Disposal: Disposed Off
Case type: ABLAPL

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Cite this judgement

Santosh Kumar Gouda v. State of Odisha, ABLAPL/795/2025 (OD), decided on 7 January 2026.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

B.N.S.,2023126(2), 115(2), 118(1), 118(2), 351(3), 310(2), 109
Arms Act25(1)(a), 25(6), 27
E.S. Act3, 4, 5

View all statutes

Procedural history3

Pre-arrest bail sought in connection with G.R. Case No.788 of 2024 pending before the learned J.M.F.C., Sorada, arising out of Sorada P.S. Case No.479 of 2024.
In terms of an earlier direction of this Court, the instruction received by the learned counsel for the State that no compromise had been filed before the police station was taken on record.

View full history

Bench / Coram

V. Narasingh

Parties & counsel