Ajay Kumar Choudhury vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Nayapalli P.S. Case No. 657 of 2019 corresponding to C.T. Case No. 6196 of 2019 pending in the file of learned J.M.F.C.-III for commission of offences punishable under Sections 419/420/467/468/471/120-B of IPC. Act on the allegation of committing forgery to secure a loan of Rs.4.5 crores to co-accused Ansuman Samantray by assisting him to produce the original mortgage documents belonging to her mother.

In the course of hearing of the bail application, Mr. P.R.Chhatoi, learned counsel for the petitioner submits that although allegation has been made against the petitioner for committing forgery, but there is absolutely no document to indicate that the petitioner had supplied the document to co-accused to secure the loan. It is further submitted that the petitioner is the son of the informant, but co-accused Sudhendra Kumar Samal and Rupashree Das might have supplied the documents to Ansuman Samantray to avail the loan by committing forgery and the petitioner, therefore, being innocent person should be granted bail.

On the other hand, Mr. S.S.Pradhan, learned AGA submits that the petitioner is instrumental in assisting the principal accused to commit forgery by supplying the mortgaged documents belonging to his mother and thereby, the principal accused secured the loan of Rs.4.5 crores. It is further submitted that the petitioner is inimically disposed of with his mother and thereby, once he had tried to kill his mother for which a criminal case has been registered against the petitioner. On these grounds, learned AGS prays to reject the bail application of the petitioner.

After having considered the rival submissions made on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of commission of crime and taking into account the other circumstance on record in entirety and on going through the statement of witnesses like Radhkanta Panda and Pradyuna Kumar Rout and that of the family members of the petitioner together with the instruction received from the I.O. as produced by the learned AGA, 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.

Issue urgent certified copy of the order as per Rules.

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