Bhaskar Padhi vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Balugaon P.S. Case No.322 of 2023 arising out of I.C.C. Case No.54 of 2023 corresponding to G.R. Case No.574 of 2023 for the offences under Sections 452/341/294/323/420/307/379/506/34 of I.P.C. pending in the Court of the learned J.M.F.C., Banpur, Khurda.

The allegation against the petitioner as per the F.I.R is that the petitioner has cheated the son of the complainant by taking Rs.5,50,000/- by executing a notarized agreement to sale his homestead land fixing the consideration money amounting to Rs. 17,50,000/- and also promised to execute the sale deed in his favour. The petitioner allegedly admitted the said fact before the village committee and executed another agreement. But in spite of repeated request of the son of the complainant, the petitioner did not execute the registered sale deed and cheated him by misappropriating Rs.5,50,000/-. Hence, the F.I.R. was lodged.

Mr. B.K. Ragada, learned Additional Government Advocate submits that after completion of investigation in this case, charge sheet has been submitted by dropping the offences under Sections 452/307/379 of the I.P.C. against the petitioner.

Learned counsel for the petitioner on instruction submits that the petitioner is ready and willing to pay the total amount taken by him in lieu of selling a piece of land.

The petitioner had approached the learned Additional Sessions Judge, Banpur praying for grant of bail. The learned Court below vide its order dated 17.01.2024 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 09.12.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.

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 the further condition that he shall not tamper with the evidence in any manner whatsoever. The petitioner shall comply with the undertaking by making payment.

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

The BLAPL is accordingly disposed of.

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