Lalu Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8841 of 2022 Lalu Gouda and another ....

Petitioners Mr. B. Pr. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 02.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.214 of 2022, arising out of Gudari P.S. Case No.45 of 2022 pending in the court of learned S.D.J.M., Gunupur for commission of offence punishable under Sections 341/323/324/ 307/294/506/34, I.P.C.

5.

Considering the nature of allegation, gravity of offence and the facts of the case, I am not inclined to grant anticipatory bail to the petitioner no.2-Niranjan Gouda. However, it is directed that in the event the petitioner no.2-Niranjan Gouda surrenders before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as would be deemed just and proper.

// 2 // 6.

So far as petitioner no.1-Lalu Gouda is concerned. However, on the submission of the learned counsel, both the petitioner no.1Lalu Gouda is given liberty to surrender before the learned S.D.J.M., Gunupur in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the petitioner no.1 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the petitioners on the same day strictly on the basis of the materials on record. 7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioners, if applied for.

8.

The ABLAPL is accordingly disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu