Dasarathi Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6105 of 2021 Dasarathi Gouda and others ....

Petitioner Mr. B.S. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.01.2022 02.

1.

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

2.

Heard Mr. B.S. Das, learned counsel for the Petitioners and Mr. K.K. Nayak, learned counsel for the State. 3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioners are accused in S.T. Case No.4 of 2021 on the file of learned Assistant Sessions Judge, Chhatapur, Ganjam facing trial for the offences punishable under Section 395, I.P.C. read with Section 25(1-B)(a) of the Arms Act.

5.

It is submitted on behalf of the Petitioners that F.I.R. has been lodged against the unknown persons and subsequently, the petitioners arrayed as accused in this case and they are in custody since 09.02.2020.

6.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioners and he further submits that if the

// 2 // Petitioners will be enlarged on bail, he will indulge in similar nature of offences again.

7.

Perused the record as well as F.I.R., case diary and statement of the witnesses.

8.

Having heard learned counsel for the parties and considering the period of detention of the Petitioners and the fact that the F.I.R. was lodged against unknown accused persons, it is directed that let the Petitioners be released on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two solvent sureties each for the like amount to satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioners shall not be involved in any similar nature of offences and they shall appear before the concerned Police Station once in a week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. for a period of one month from the date of release.

9.

It is open for the court in seisin over the matter with such other conditions may deem just and proper.

The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra) Judge