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2025 DAILYLAW 3000 (ORI)

KANDRA GOMANGO v. STATE OF ODISHA

BLAPL/10164/2025 · 2026-02-03

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10164 of 2025 Kandra Gomango & Another … Petitioners Mr. B.P. Das, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Mr. Biraja Prasanna Das, learned counsel for the petitioners by filing a memo prays to not press the bail application of petitioner No.2- Esuna Gomango and accordingly, the bail application of the petitioner No.2- Esuna Gomango stands disposed of as not pressed and the present bail application is only confined to petitioner No.1 Kandra Gomango. 3. This is an application U/S.483 of BNSS by the petitioner No.1 for grant of bail in connection with Padmapur P.S. Case No.63 of 2025 corresponding to C.T. Case No. 40 of 2025 pending in the file of Addl. Sessions Judge, Gunupur, for commission of offences punishable U/S.103(1)/3(5) of BNS, on the allegation of committing murder of one Agadhu Gomango & Sambara Gomango by assaulting them with deadly weapons, along with co-accused persons in furtherance of their common intention. Page 2 of 3 4. Heard, Mr. Biraja Prasanna Das, learned counsel for the petitioner No.1 and Mr. C. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner No.1 in custody since 04.05.2025 with submission of charge sheet in the meantime and the main allegation of assaulting the deceased with lethal weapons being directed against co-accused Sunama Gomango and Esuna Gomango and the only allegation against the petitioner is for his presence at the spot and picking up quarrel with the family members of the deceased and keeping in view the other circumstances on record in entirety including the age of the petitioner at 61 years and taking into account the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits, admits the petitioner No.1-Kandra Gomango to bail. 6. 6. Hence, the bail application of the petitioner No.1- Kandra Gomango stands allowed and the petitioner No. 1- Kandra Gomango is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deems fit and proper by it with following condition:- (i) the petitioner No.1 Kandra Gomango shall not contact the family members of the deceased, (ii) the petitioner No.1 Kandra Gomango in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and shall cooperate with the trial. In case the Petitioner No.1 Kandra Gomango fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNSS in accordance with law, (iii) the petitioner No.1 Kandra Gomango shall not threaten, induce, influence or coerce any of the witnesses including the family members of the deceased acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court & (iii) the petitioner No.1 Kandra Gomango shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody. 7. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner No.1 Kandra Gomango unnecessarily after recording his attendance beyond the time as stipulated. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Sr. Stenographer