Bairi Reddy vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Sonepur P.S. Case No.309 corresponding to G.R. Case No.293 of 2023 for the offence under Section 420 of the IPC pending in the Court of learned S.D.J.M., Sonepur.

The allegation as per the F.I.R. is that the petitioner, who is the Managing Director of Bairi Sons Agro India Pvt. Ltd., has assured the informants and others for giving high scale salary and lifelong pension and gave appointment to them in different posts such as sales man, sales officer, sales manager, regional sales manager, general Manager, etc. in the companies. The petitioner asked them to deposit cash of Rs.50,000/- each in the company account. In the name of self help group, the accused persons have taken the money and cheated the informant and similarly situated many other people. Hence, the F.I.R. was registered.

Mr. Ragada, learned Additional Government Advocate submits that fifteen persons have filed the F.I.R. against the petitioner alleging that the petitioner has taken money from them with a promise to give them better job. He further submits that it is not known yet how many people are victim of the fraud committed by the petitioner.

The petitioner had approached the learned Additional Sessions Judge, Sonepur praying for grant of bail. The learned Court below vide its order dated

01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 01.12.2023, the nature of accusation and the fact the since the petitioner is in custody, he is not able to return the money to the informants, I am inclined to admit the petitioner on interim for period of six months from the date of release.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to further following conditions:

(i) The petitioner shall make all efforts to settle the dispute with all the fifteen complainants within six months from his release,

(ii) The petitioner shall not leave the jurisdiction of Sonepur without seeking leave of the jurisdictional Court.

Violation  of  the  bail  conditions  shall  entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

....………………………….