Akhaya Ojha And Another vs State Of Orissa

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Town P.S. Case No.74 of 2023 corresponding to G.R. Case No.165 of 2023 pending in the file of learned S.D.J.M., Puri, for commission of offences punishable U/Ss.420/34 of IPC, on the allegation of petitioner No.2 not refunding Rs.21,00,000/- by taking it from the informant as a hand loan and the petitioner No.1 assisting her in this regard.

Heard, Mr. Trilochan Panigrahi, learned counsel for the petitioners and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioners, so also the accusations sought to be brought against them and on going through the materials placed on record including copy of depositions of informant and other witnesses as produced for the petitioners and regard being had to the pre trial detention of the petitioners in custody since 12.07.2023 and taking into account the status of petitioner No.2 as a lady and extending the benefit of first proviso appended to Section 437(1) of Cr.P.C. to her and taking into account the other circumstance on record in entirety, this Court admits the petitioners to bail.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall not commit any offence while on bail and

(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law and

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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