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Gangadhar Nayak vs State Of Odisha

Orissa High Court · Decided on 18 September 2023 · Citation: (2023) 09 OHC CK 0118

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 419, 420, 458, 465, 467, 471 · Information Technology Act, 2000 — Section 66(c)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7328 Of 2023
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Judgment

13 paragraphs · 347 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in connection with C.T. Case No.323 of 2023, pending on the file of the learned S.D.J.M., Balasore, arising out of Balasore Cyber Crime and Economic Offences P.S. Case No.12 of 2023, for alleged commission of offences under Sections 419/420/465/467/458/ 471/120-B/507/34 of IPC and Section 66(c) of I.T. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Balasore, by order dated 19.06.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel for the Petitioner that the co-accused with greater complicity has been released on bail by this Court by order dated 24.07.2023 in BLAPL No.5339 of 2023 and another accused who is similarly placed has been released on bail by order dated 14.09.2023 in BLAPL No.8232 of 2023 and relying on both the orders, it is submitted that the amount involved in the case at hand has been secured by this Court while releasing, according to the learned counsel for the Petitioner is the principal accused in BLAPL No.5339 of 2023.

5.

Learned counsel for the Petitioner submits that admittedly no amount has been trailed to the account of the Petitioner.

6.

It is the further submission of the learned counsel for the Petitioner that the Petitioner is the first offender.

7.

Learned counsel for the State opposes the prayer for bail.

8.

Taking note of the role ascribed to the Petitioner and release of the co-accused, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Before releasing the Petitioner on bail, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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