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Judgment
13 paragraphs · 369 wordsS.S. Mishra, J
The petitioner is an accused in connection with Balangir Town P.S. Case No.45 of 2024 corresponding to G.R. Case No.129 of 2024 for the offences under Sections 420/467/468/471 of the IPC pending in the Court of learned S.D.J.M., Balangir.
The allegation against the petitioner as per the F.I.R. is that he has taken huge amount on the pretext of giving job to the informant. He has prepared the fake appointment letter through co-accused Madhusudan Patika and gave the said appointment letter to the informant. Subsequently, the informant discovered that the said appointment letter is a forge one and he has been cheated by the petitioner and other co-accused persons.
Learned counsel for the petitioner submits that co-accused Madhusudan Patika has been protected by this Court vide order dated 07.03.2024 passed in ABLAPL No.1967 of 2024 and fixed the matter for hearing on 16.04.2024. On instruction, he submits that the petitioner would pay Rs.3,00,000/- to the informant showing his bone fide.
The petitioner had approached the learned 1st Additional Sessions Judge, Balangir praying for grant of bail. The learned Court below vide its order dated 08.02.2024 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 17.01.2024, the nature of accusation, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail subject to the petitioner paying Rs.3,00,000/- to the informant 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 conditions which are as follows:
(i) The petitioner shall not tamper with the evidence in any manner whatsoever.
(ii) The petitioner shall pay the rest amount to the informant immediately after his release.
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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