Abdul Hassim vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioner is an accused in connection with Lingaraj P.S. Case No.2 of 2024 corresponding to C.T. Case No.18 of 2024 for the offences under Sections-420/506 IPC pending in the Court of the learned J.M.F.C.(I), Bhubaneswar.

The informant Pradipta Kumar Pradhan alleged that the petitioner identified himself as a contractor and agreed to construct aluminum composite panel and measured the construction to be 1100 sqft and charged Rs.2.30 per sqft. (in total Rs.2,30,000/-). It is alleged that the informant paid cash of Rs.50,000/- towards advance and that he had also given Rs.60,000/-. But the petitioner did not execute the work. Thereafter, on repeated approach, the informant paid Rs.1,00,000/-. After completing scanty work, the petitioner again demanded Rs.2,50,000/- as the work was of 1800 sqft. and closed the work. It is also alleged that on several approaches, neither the petitioner performed the work nor returned the money. Hence, the F.I.R. was registered against the petitioner.

The petitioner had approached the learned 1st Addl. Sessions Judge-cum-Special Judge, Vigilance, Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 29.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Learned counsel for the petitioner on instruction submits that after the petitioner is admitted on bail, he would make all endeavor to see that the matter is settled with the informant by paying the due amount to the informant.

Taking into consideration the period of custody from 29.12.2023, the nature of accusation, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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