High CourtsSingle Bench

Bhagabat Prasad Mishra vs State Of Odisha

Orissa High Court · Decided on 6 June 2023 · Citation: (2023) 06 OHC CK 0012

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 406, 420, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5845 Of 2023
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Judgment

12 paragraphs · 305 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in C.T. Case No.554 of 2023 pending on the file of learned J.M.F.C., Cog-II, Bhubaneswar, arising out of Chandrasekharpur P.S Case No.223 of 2023 for commission of the alleged offence under Sections 406/420/506 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge (CBI) Court No.1-cum-Addl. Sessions Judge, Bhubaneswar by order dated 18.05.2023 in the aforementioned case, the present BLAPL has been filed.

4.

On instruction learned counsel for the Petitioner files a memo indicating that without prejudice to the rights and contentions the Petitioner is prepared to deposit a sum of Rs.4 lakhs in the court below. Hence, he may be released on bail. The memo filed in Court is taken on record.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Considering that the amount involved is Rs.4,20,000/- and the Petitioner undertakes to deposit a sum of Rs.4,00,000/- (rupees four lakhs), 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 of similar nature.

7.

If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

8.

Additionally, it is directed that the amount so deposited shall be kept in a short term interest bearing account pledged in favour of learned Court in seisin and the same shall abide by the result of the lis. It shall be open to the Informant to seek release of the amount in accordance with law.

9.

The BLAPL thus stands disposed of.

10.

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

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