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Judgment
17 paragraphs · 498 wordsV. Narasingh, J
Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the informant.
The Petitioner is an accused in G.R. Case No.03 of 2023, pending in the file of learned J.M.F.C. (City), Cuttack, arising out of Badambadi P.S. Case No.03 of 2023, for commission of offence under Sections 417/418/420/467/468/473 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 24.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 04.01.2023 and charge sheet has been filed on 16.03.2023.
It is stated that the accused-petitioner has duped the informant of Rs.4,40,218/-(Rupees four lakh forty thousand two hundred eighteen) on the assurance of providing him a job.
On affidavit, the wife of the petitioner-accused has stated that an amount of Rs.76,500/-(Rupees seventy six thousand five hundred) has already been paid to the informant, which is also acknowledged by the learned counsel for the informant.
The payment modalities for the rest of the amount has been indicated in the paragraph-4 of the affidavit, which is extracted hereunder.
“4. That Rs.3,63,718/- (Rupees three lakhs sixty-three thousand seven hundred eighteen) only the petitioner have to return the informant and from that money the deponent is ready to pay Rs.1,00,000/-(Rupees one lakh) only soon after release of the petitioner and rest of the amount she will pay in 3 equal installments within 1(one) year.”
Learned counsel for the State as well as the informant oppose the prayer for bail in view of the criminal antecedent of the petitioner.
Considering the filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.
Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every month 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.
It is further directed that the petitioner shall pay a sum of Rs.1,00,000/-(Rupees one lakh) after one month of the release, on such date to be fixed by the learned Court in seisin as undertaken and the balance amount to be paid in three equal installments within one year thereof, as stipulated by the said Court in terms of Paragraph-4 of the affidavit of the wife of the petitioner, as noted.
It is needless to state that in case of any default in payment, it shall be open to the learned Court in seisin to take action for committing the petitioner to custody, in accordance with law.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the rules.
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