Orissa High Court
CRLMC/3176/2026 of BABULA GOUDA@BABULI GOUDA Vs STATE OF ODISHA on 9 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3176 of 2026 CNR No. ODHC010640062026 Babula Gouda @ Babuli Gouda ..... Petitioner Represented by Adv. - Jyotirmaya Sahoo -versus- State Of Odisha ..... Opposite Party Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3176 of 2026
CNR No. ODHC010640062026
Babula Gouda @ Babuli Gouda
.....
Petitioner
Represented by Adv. -
Jyotirmaya Sahoo
-versus-
State Of Odisha
.....
Opposite Party
Mr. C.M. Singh, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
09.09.2026 Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the records.
3. The present application has been filed by the Petitioner with a prayer to quash the entire criminal proceeding arising out of G.R. Case No.519 of 2023, pending before the Court of learned J.M.F.C., Sheragada.
4. Learned counsel for the Petitioner at this juncture contended that he does not want to press this application with liberty to raise the point at the time of framing of charge by filing a discharge petition. He further submitted that the Petitioner be permitted to surrender before the Court below and move an application for bail.
5. Considering the submissions made by the parties, the application is disposed of as not pressed with liberty as prayed for.
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6. However, on the submission of the leaned counsels for the parties, without expressing any opinion on the merits of the matter, the Petitioner is given liberty to surrender before the learned J.M.F.C., Sheragada, 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 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 Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. It is further directed that the learned court below while consider the bail application shall also take into consideration the fact that the co- accused persons have already released on bail in the meantime. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.
Urgent certified copy of this order be granted as per rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 09:35:03 Signature Not Verified