Ajay Kumar Choudhury vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with C.T. Case No.6196 of 2019 pending on the file of learned JMFC-III, Bhubaneswar, arising out of Nayapalli P.S. Case No.657 of 2019 for commission of the alleged offence under Sections 419/420/467/468/471/34/120-B IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge (CBI) Court No.I-cum-Addl. Sessions Judge, Bhubaneswar by order dated 28.03.2024 in the aforementioned case, the present bail application has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 1.2.2023 on the allegation that he along with co-accused are involved in commission of cheating and forgery of the loan documents which led to misappropriation of loan amount to the tune of 4.5 crores taken by one co-accused Ansuman Samantaray, who is absconding.

It is further submitted by the learned counsel that the Apex Court by order dated 2.1.2024 have granted bail to the co-accused Rupashree Das and Sudhir Kanta Samal @ Sudhendra Kumar Samal in Special Leave to Appeal (Crl.) No(s).13529/2023 and 13765/2023 respectively and therefore, he seeks release, inter alia, on the ground of parity.

Learned counsel for the State opposes the prayer for bail and submits that the Petitioner is prima facie not similarly circumstanced with the co-accused who have since been released on bail by the Apex Court as the Petitioner being the son of Laxmidhar Choudhury impersonated himself as Laxmidhar Choudhury before the Bank which facilitated the co-accused Ansuman Samantaray, who is absconding to avail loan of Rs.4.5 crores which has remained unpaid.

Taking into account the role ascribed to the Petitioner and the release of the co-accused adverted to hereinabove by the Apex Court, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules..

..…………………………..