[Cites 1, Cited by 0]
Orissa High Court
Bhagirathi Gouda @ Bhagya Gouda vs State Of Odisha ... Opposite on 8 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Bhagirathi Gouda @ Bhagya Gouda ... Petitioners
(In BLAPL No. 12056 of 2025)
Gouranga Gouda
(In BLAPL No. 12081 of 2025)
Mr. J. Sahoo, Advocate
-versus-
State of Odisha ... Opposite
Party
Mr. P. Satpathy, Addl. PP
Mr. S.K. Mahanty, Advocate(Informant)
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 08.04.2026
05. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these two bail applications arise out of one
and same case record, the same are heard together and
disposed of by this common order with the consent of
the learned counsel for the parties.
3. These are the bail applications U/S.483 of BNSS
by the petitioners for grant of bail in connection with
Beguniapada PS Case No. 17 of 2023 corresponding to
GR case No. 116 of 2023 pending in the file of learned
Addl. Sessions Judge, Khallikote for commission of
offences punishable U/Ss. 147/148/302/149 of IPC, on
the main allegation of committing murder of the
deceased Pankaj Gouda by assaulting him with lethal
weapon, along with co-accused persons.
4. Heard, Mr. Jyotrimaya Sahoo, learned counsel for
the petitioners; Mr. Santosh Kumar Mahanty, learned
counsel for the informant and Mr. P. Satpathy, learned
Additional Public Prosecutor in the matter and perused
the record including the copy of deposition of PW1 to
PW12.
5. It is, however, not in dispute that co-accused
Binayak Sahoo, Pravakar Gouda, Bharat Gouda, Prakash
Gouda and Santosh Kumar Gouda @ Kalu have already
been granted bail by a co-ordinate Bench of this Court,
but the Petitioners are in custody since
21.01.2023(Bhagirathi Gouda @ Bhagya Gouda) and
16.07.2023(Gouranga Gouda), however, in the
meantime, material witnesses have already been
examined except one Samir Gouda who is stated to be
residing in Dubai and whose examination in trial is
remote in near future. From the materials placed on
record, it is also found that there are 28 charge sheeted
witnesses, but the trial is remotely possible to be
concluded in near future.
6. In the aforesaid facts and circumstance, especially
when the trial is not being concluded even after three
years custody of the Petitioners and taking into account
grant of bail to five co-accused persons standing on
similar footing, this Court without expressing any view
on merit admits the petitioners to bail.
7. Hence, these two bail applications of the
petitioners namely Bhagirathi Gouda @ Bhagya Gouda &
Gouranga Gouda in BLAPL Nos. 12056 and 12081 of
2025 are allowed and each of the petitioners is allowed
to go on bail on furnishing bail bonds of Rs.50,000/-
(Rupees Fifty Thousand) each with two solvent sureties
for the like amount to the satisfaction of the learned
Court in seisin of the case on such terms and conditions
as deem fit and proper by it with following conditions:-
(i) The petitioner shall not contact the
informant in any way;
(ii) The petitioner shall not threaten/ induce/
influence/coerce any of the witnesses including
the informant and his family members
acquainted with the facts of the case so as to
dissuade them from disclosing such facts
before the Court.
This Court, however, reserves the liberty to the
informant and the State to file appropriate application for
cancellation of bail, if any of the conditions are violated or
a case for cancellation of bail is otherwise made out. It is
made clear that in such event for being approached for
cancellation of bail, the learned trial Court would be at
liberty to pass appropriate order in accordance with law
without further reference to this Court.
8. Accordingly, these BLAPL Nos. 12056 & 12081 of
2025 stand disposed of. Issue urgent certified copy of the
order as per Rules. A soft copy of this order be
immediately communicated to the concerned Court, who
shall afterwards communicate the same to the concerned
Jail through e-mail for reference.
(G. Satapathy)
Judge
Priyajit
Location: HIGH COURT OF ORISSA
