Himanshu Bhandari vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with E.O.W Bhubaneswar P.S. Case No.02 of 2022 corresponding to G.R. Case No.125 of 2022 pending in the Court of learned J.M.F.C., Barbil for commission of offence punishable U/Ss. 419/420/465/467/468/471/170/120-B of the I.P.C. and Section 66(C)(D) of I.T. Act on the allegation of cheating of an amount of Rs.2,35,82,806/-from the informant.

In the course of hearing of the bail application, learned counsel for the petitioner submits that without prejudice, the petitioner is ready and willing to deposit an amount of Rs.63,09,869/- which was allegedly deposited by the informant in the account of the petitioner. Learned counsel for the petitioner also submits that the petitioner is inside jail custody since 15.03.2022 and in the meanwhile after conclusion of investigation, charge sheet has already been placed in this case and therefore, hardly there is any scope for the petitioner to tamper with evidence.

On contrary, learned counsel for the State submits that the petitioner is the prime accused in this case and he has cheated the money and the petitioner, therefore, should not be granted on bail. Learned counsel for the State however, submits that let the petitioner be directed to deposit the amount which has been transferred to his account by the informant. Learned counsel for the State submits that he needs some time to verify from the case diary as to the amount of monetary liability of the petitioner.

In view of such submissions advanced for the parties, list this matter on 10th November, 2022.

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