Antaryami Naik vs State Of Odisha

Savitri Ratho, J

This is the second application of the petitioner under Section 439 Cr.P.C. in this Court in connection with Khandapada P.S. Case No.207 of 2023 corresponding to G.R. Case No.202 of 2023, pending in the Court of the learned J.M.F.C., Khandapada where chargesheet has been submitted against the petitioner and co-accused, Babaji Naik, Babu @ Pramod Naik and Sudam Naik for commission of offences punishable under Sections 420, 395, 397, 120-B of IPC and Section 66(D) of the I.T. Act and against the petitioner Antaryami Naik for commission of offences punishable under Sections 420, 395, 397, 120-B/412 of IPC and Section 66 (D) of the I.T. Act keeping the investigation open.

Mr.Arun Kumar Das, learned counsel for the petitioner submits that now the case is pending in the Court of the learned Sessions Judge, Nayagarh as S.T. Case No.41/2024.

BLAPL No.11992 of 2023 filed by the petitioner has been dismissed on 02.11.2023 and BLAPL No.11078 of 2023, BLAPL No.11080 of 2023 and BLAPL No.11079 of 2023 filed by the co-accused had been dismissed by a common order on 12.10.2023 granting liberty to them to move the learned Court below for bail afresh after completion of investigation. Thereafter, the prayer for bail of co-accused, Babaji Naik and Babu @ Pramod Kumar Naik had been allowed on 21.02.2024 in BLAPL No.389 of 2024 and of co-accused, Sudam Naik in BLAPL No.334 of 2024 has been allowed on 11.03.2024.

The prayer for bail of the petitioner has been rejected on 16.01.2024 by the learned Asst. Sessions Judge, Khandapada.

The prosecution allegation in brief is that the informant got message on Facebook messenger regarding sale of Hanuman Coin and contacted the person on his mobile and he asked him to meet him on 27.08.2023 at Kantilo bus stand. From Kantilo bus stand, he was taken by the brother of the accused persons to an unknown place within 10 to 15 kms away. There he was surrounded by four persons who put a pistol on his head and assaulted him. They asked him to give his PhonePe and ATM secret PIN and assaulted him and threatened to kill him, for which he supplied the secret PIN of his PhonePe and ATM and Rs.1,00,000/- each was withdrawn from his PhonePe and from his ATM (total Rs.2,00,000/-). The informant escaped from the spot on the plea of attending the call of nature and lodged the FIR. After registration of the case, some of the accused persons were arrested and total cash of Rs.1,25,000/- has been recovered.

Mr.Arun Kumar Das, learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2023 and the petitioner has not been named in the FIR. He had been put to T.I. parade, but he has not been identified in the said T.I. parade and he has no criminal antecedents.

Mr.S.S.Mohapatra, learned Addl. Standing Counsel opposes the prayer for bail stating that the mobile phone used for transferring money through phone pe belongs to father of the petitioner and was being used by the petitioner. This phone has been used to contact the informant and he has withdrawn the amount of Rs.1.00 lakh. As the entire amount has not been recovered, he should not be released on bail.

Considering the submissions of learned counsel, completion of investigation, as co-accused have been released on bail, and more than 50% of the cash has been recovered and the petitioner does not have criminal antecedent, I am inclined to allow the prayer for bail, subject to stringent conditions.

The petitioner – Antaryami Naik shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification that he does not have any criminal antecedents, including the following conditions :

(i) He will not indulge in any criminal activity while on bail.

(ii) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

(iv) He shall not leave the jurisdiction of the trial Court without permission of the trial Court once trial starts.

Violation of any condition will entail in cancellation of bail/ recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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