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Judgment
17 paragraphs · 490 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The petitioner is an accused in connection with G.R. Case No.286 of 2023, pending in the Court of the learned J.M.F.C.-III (Cog. Taking), Cuttack, arising out of Bidanasi P.S. Case No.98 of 2023, for alleged commission of offences under Section 420 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Cuttack, by order dated 15.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner has been remanded in the case at hand on 15.05.2023 that on the plea for allotting a vending zone under the Cuttack Municipality, he has duped the informant of Rs.1,00,000/-.
It is stated by the learned counsel that charge sheet has been filed on 30.05.2023. Hence, the Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the similar nature.
An affidavit has been filed indicating that the Petitioner is an accused in five cases of similar nature namely, Malgodown P.S. Case No.66 of 2023, Lalbag P.S. Case No.78 of 2023, Markatnagar P.S. Case No.79 of 2023, Lalbag P.S. Case No.79 of 2023 and Cuttack Sadar P.S. Case No.196 of 2023.
During the course of submission, learned counsel for the Petitioner submits that without prejudice to his rights to prove his bonafide, the Petitioner is prepared to furnish cash security to the tune Rs.50,000/-(Rupees fifty thousand).
Taking into account the filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally it is directed, that the petitioner shall furnish cash security to the tune of Rs.50,000/-(Rupees fifty thousand) as a condition precedent for release which shall be kept in an interest bearing account pledged in favour of the learned Court in seisin and shall abide by the final outcome of the case at hand.
It shall be open to the informant to seek release of the amount in accordance with law.
It is directed that Petitioner shall appear before the jurisdictional police station twice a 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 learned Court in seisin.
Keeping in view the criminal proclivity of the Petitioner as a deterrent, the cash security has been imposed. Such imposition ought not to be construed as this Court expressing any view relating to the complicity of the Petitioner, which has to be adjudicated independently in the impending trial.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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