The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Mostafa Molla @ Mosto (In BLAPL No.8690 of 2024) Papu @ Susanta Das (In BLAPL No.9427 of 2024) Toyeb Alli Molla (In BLAPL No.10405 of 2024) Gopa @ Amar Kumar Dey (In BLAPL No.10463 of 2024) Goutam Routh (In BLAPL No. 11209 of 2024) Uttam Rout (In BLAPL No. 11629 of 2024) … Petitioners Mr. S.K. Zafarulla, Advocate (in BLAPL No.8690 of 2024) Mr. A. Mohanty, Advocate (In BLAPL Nos. 9427 & 10463 of 2024) Mr. S. Dwiebdi, Advocate (in BLAPL Nos.10405 & 11629 of 2024) Mr. S.K. Gouda, Advocate (in BLAPL No.11209 of 2024) -versus- State of Orissa … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 02.07.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2.
Legal Reasoning
Mr. S.K. Gouda, learned counsel for the Petitioner in BLAPL No.11209 of 2024 and Mr. Suryakanta Dwibedi, learned counsel for the petitioner in BLAPL No.11629 of 2024, prays to not press the bail Page 1 of 5 Order No. 09. applications of Goutam Routh and Uttam Rout in BLAPL No.11209 of 2024 and 11629 of 2024 and, accordingly, the bail applications in BLAPL No.11209 and 11629 of 2024 stand disposed of as not pressed. Hence, the present bail application is only confined to Mostafa Molla @ Mosto in BLAPL No.8690 of 2024, Papu @ Susanta Das in BLAPL No.9427 of 2024, Toyeb Alli Molla in BLAPL No.10405 of 2024 and Gopa @ Amar Kumar Dey in BLAPL No.10463 of 2024. 3. These are bail applications U/S.483 of the BNSS by the petitioners for grant of bail in connection with Talsari Marine PS Case No.36 of 2023 arising out of CT Case No.220 of 2023 pending in the Court of learned Additional District Judge-I, Balasore, for commission of offences punishable U/Ss. 395/450 of IPC r/w Section 25/27 of the Arms Act, on the allegation of committing dacoity in the bank and taking away cash of Rs.45,52,910/- and gold ornaments along with co-accused person. 4. Heard, Mr. S.K. Zafarulla, learned counsel for the petitioner in BLAPL No.8690 of 2024; Mr. Abhijit Mohanty, learned counsel for the petitioners in BLAPL No.9427 and 10463 of 2024; Mr. Suryakanta Dwibei, learned counsel for the petitioner in BLAPL No.10405 of 2024 and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record. 5. It appears from the record that neither the petitioners were identified by TI parade nor in the Court Page 2 of 5 by any of the identify witness, but the petitioners are in custody since about two years, however, the trial is yet to be concluded. 6. In view of the above facts and after having considered the rival submissions and taking into consideration the nature of accusation raised against the petitioners and the supporting materials collected by the Investigating Agency and regard being had to the other circumstance on record in entirety including release of co-accused Ayub Laskar @ Ayub Ali Laskar, who stands on similar footing with the present petitioners, this Court without expressing any view on merits, admits the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey to bail. 7. Hence, the bail application of the petitioners namely Mostafa Molla @ Mosto (in BLAPL No.8690 of 2024), Papu @ Susanta Das (in BLAPL No.9427 of 2024), Toyeb Alli Molla (in BLAPL No.10405 of 2025) and Gopa @ Amar Kumar Dey (in BLAPL No.10463 of 2024) stands allowed and the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey are allowed and they be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty 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 Page 3 of 5 conditions as deem fit and proper by it with following conditions:- (i) the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey shall not commit any offence while on bail, (ii) the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey 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 Petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey for offence U/S.269 of BNS, 2023 in accordance with law, (iii) the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating her present address of stay to the concerned Court. (iv) the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey shall report the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon attendance before Page 4 of 5 for six (06) months from the actual date of their release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners Mostafa Molla @ Mosto, Papu @ Susanta Das, Toyeb Alli Molla and Gopa @ Amar Kumar Dey in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 8. 9. Rules.
Decision
Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per (G. Satapathy) Judge Jayakrushna Signature Not Verified Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Jul-2025 18:47:29 Page 5 of 5