Jamil @ Jalil Ansari vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Rourkela Cyber P.S. Case No.13 of 2021 arising out of G.R. Case No.2177 of 2021 pending in the file of learned S.D.J.M.(P), Rourkela, for commission of offence punishable under Sections 120-B/ 419/ 420/ 465/ 468/ 471 of IPC read with Section 66-D of IT Act, on the allegation of assisting co-accused persons to commit online fraud and cheating the informant and, thereby, receiving a sum of Rs.50,000/- as a share out of the proceeds of cheating.

Heard, Mr. S. Harichandan, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record. While objecting the prayer for bail of the petitioner, Mrs. S.R. Sahoo, learned ASC apprises this Court that initially the cheated amount was transferred to the account of co-accused persons namely Sanjay, Subodh and Prasanta, who transferred Rs.50,000/-on two occasions to the account of the present petitioner and, thereby, the petitioner’s participation in the committing fraud of cheating the informant, is palpable.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the present petitioner in this case and taking into account the supporting materials collected by the investigating agency against the present petitioner and regard being had to the submission of final charge sheet in this case and the principle that bail is the rule, but jail is the exception and further, taking into accpimt release of five co-accused persons on bail in a common order passed in BLAPL No.10720 of 2022, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall appear before the Court in seisin of the case on each and every date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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