Abinash@kanha Purohit vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.1427 of 2023, arising out of Bharatpur P.S. Case No.461 of 2023, pending in the Court of learned J.M.F.C.-V, Bhubaneswar for alleged commission of offence punishable under Sections 419/420/465/468/471/120-B of the I.P.C.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 13.10.2023. He further contended that the investigation has been concluded; in the meantime and charge-sheet has been filed. Learned counsel for the Petitioner further contended that the Petitioner has only one criminal antecedent. Further referring to the FIR, learned counsel for the Petitioner submitted that the amount was transferred to the account of the principal accused namely, Bikash Kumar Swain and one Amarjeet Padhy. So far the present Petitioner is concerned, learned counsel for the Petitioner has submitted that the Petitioner was only a mediator between the parties and had no specific offence with regard to the submission of the fact. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Government Advocate on the other hand, considering the nature of allegation against the present Petitioner, opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail there is a possibility that he might indulge in similar criminal offences. It was further submitted that the alleged offence pertains to financial fraud and the learned Additional Government Advocate expresses his apprehension that in the event the Petitioner is released on bail then the trial might not be concluded in time. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and keeping view the specific role played by the Petitioner and further taking into consideration the period of detention of the Petitioner and that the charge-sheet has been filed, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-

I) shall not indulge in similar nature of offences while on bail;

II) shall not harass, terrorize the informant and family members in any manner; and

III) shall appear before the Court on each and every date fixed by the Court below without fail.

Violation of any of the terms and conditions shall entail cancellation of bail.

Further, the release of the Petitioner shall also be subject to the verification of any criminal antecedent of the Petitioner by the learned Court below. In the event, it is found that the Petitioner has more than one criminal antecedent of similar nature then the bail shall stand revoked.

The BLAPL is, accordingly, disposed of.

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