Abdul Saleem vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with CID CB Cuttack PS Case No.30 of 2024 corresponding to GR Case No. 1222 of 2024 pending in the file of learned SDJM, Berhampur, for commission of offences punishable U/Ss. 419/420/465/467/468/120B/34 of the IPC read with Sections 66(C) and 66(D) of the I.T. Act, 2000.

The brief allegation against the petitioner is that the victim Ashok Kumar Behera on being threatened of digital arrest had transferred a total amount of Rs.1,00,00,000/-(Rs.30,00,000/- & Rs.70,00,000/-) on 06.06.2024 to one current Account No.42934907323 standing in the name of AR Furniture and in the course of investigation, it is ascertained that the petitioner is the Proprietor of such firm and he had transferred the amount so received to different accounts.

In the course of hearing, Mr.Rajendra Narayan Rout, learned counsel for the petitioner submits that although there is allegation against one bank current account number, but it cannot be certainly said that the said account belongs to the present petitioner, rather the said bank account stands in the name of AR Furniture, however, police authority by showing the petitioner as Proprietor of AR Furniture has arrested him in the case and petitioner having been custody for substantial period, may kindly be granted bail.

1. On the other hand, Mr.P.Satapathy, learned Addl. PP by producing the written instruction submits that not only the petitioner is the Proprietor of AR Furniture, but also he has transferred the amount so received from the informant in his account to different persons and thereby, misappropriated the amount so received in his account and that apart, the petitioner is also involved in other cases in the State of West Bengal, Tamilnadu, Haryana, Telenga and Kerala and around 13 complaints have been registered against the account number of the petitioner and therefore, in the circumstance, the petitioner being prima facie involved in this case, his bail application may kindly be rejected.

After having considered the rival submission upon perusal of record, there appears some material to indicate that the informant has transferred Rs.1,00,00,000/- (Rupees One Crore) to one account number on the threatening of digital arrest, but in the course of investigation, such bank account number was found to be in the name of one AR Furniture, Nizamabad whose proprietor is the present petitioner. Besides, it is alleged that the petitioner is also involved in other cases, along with co-accused persons in the State of West Bengal, Tamilnadu, Haryana, Telenga and Kerala. It is also stated by the State authority that on verification of the account of the petitioner, 13 complaints have been found registered against such bank account number throughout the country. In the aforesaid facts and situation, and taking into account the nature and gravity of the offences as alleged against the Petitioner vis-à-vis the accusation sought to be brought against him and regard being had to the materials placed on record together with the seriousness of allegation as leveled against the petitioner and his alleged involvement in other cases as per the prosecution materials, this Court is not inclined to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be communicated to the learned trial Court.