Srikanta Gouda vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. have been filed by the Petitioners for regular bail in connection with G.R. Case No.34 of 2024, arising out of Mohana P.S. Case No.32 of 2024, pending in the Court of learned Addl. Sessions Judge, Paralakhemundi, Gajapati for alleged commission of offence punishable under Sections 341, 294, 323, 427, 307, 452, 34 of IPC read with Section 27 of Arms Act & Section 4 of the Explosive Substances Act.

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 08.02.2024. He further contended that the Petitioners have been falsely implicated in the present case and the injuries sustained are all simple in nature. In course of hearing, learned counsel for the Petitioners produced a certified injury report. On perusal of the report, it appears that there were no external injuries or scratch mark on the body of the injured. It was contended that each of the Petitioners having one similar criminal antecedents. In such view of the matter learned counsel for the Petitioners contended the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that the criminal antecedents of the present Petitioners. Further, submits that in the event the Petitioners are released on bail there is a possibility that they might indulge in similar criminal offences. Therefore, on such ground, the bail application of Petitioners be rejected at this juncture. Further, submits that till date the investigation is still continuing.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioners on bail on furnishing a bail bond of Rs.25,000/- each (Rupees Twenty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

It is further directed that the bail granted to the Petitioners be subject to the condition that the court below shall verify the criminal antecedent of the present Petitioners. In the event it is found that each of the Petitioners are having any similar criminal antecedents, this bail order shall automatically stand revoked.

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

The BLAPL is, accordingly, disposed of.

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