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Muna Gouda vs State Of Odisha

Orissa High Court · Decided on 8 September 2023 · Citation: (2023) 09 OHC CK 0044

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 387, 506, 507 · Explosive Substances Act, 1908 — Section 3, 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9416 Of 2023
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Judgment

13 paragraphs · 365 words

V. Narasingh, J

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in G.R. Case No.726 of 2023 pending on the file of learned J.M.F.C., Khallikote, arising out of Kodala P.S. Case No.173 of 2023 for commission of offence alleged under Sections 387/506/507/34 of IPC read with Section 3/4 of E.S. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote by order dated 09.08.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 17.07.2023 and as investigation has progressed substantially, he may be released on bail.

5.

Learned counsel for the State opposes the prayer for bail during currency of investigation and submits that the petitioner along with the co-accused are involved in demanding ransom and on refusal, thrown bombs at the informant.

6.

It is the submission of the learned counsel for the State that live bombs were seized from the petitioner and the co-accused and the bomb refusal certificate is a testimony to the same.

7.

Learned counsel for the State further submits that the petitioner has criminal antecedents as reflected in the order of rejection, which indicates that the petitioner is an accused in Kodala P.S. Case Nos.763 & 810 of 2022 and Kodala P.S. Case No.66 of 2023.

8.

Taking into account the nature of allegation and that no one has suffered any injury in the incident which according to the learned counsel for the State is providential, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Keeping in view the criminal proclivity the petitioner, additionally it is directed that the petitioner shall appear before the jurisdictional police station once a week till submission of final form and thereafter once a month till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule.

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