Jitendra Kusulia And Another Vs State Of Orissa

G. Satapathy, J

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

Since these three bail applications concerning Petitioners Jitendra Kusulia and another in BLAPL No.11010 of 2023, Rabindra Benia in BLAPL No. 11267 of 2023 and Hiralal Bardhan in BLAPL No. 11520 of 2023 arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsels for the parties.

These are applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with C.T. Case No.290 of 2023 arising out of Kesinga P.S. Case No. 306 of 2023 pending in the file of learned J.M.F.C., Kesinga, for commission of offences punishable under Sections 420/120-B/34 of the IPC, on the allegation of cheating the informant for a sum of Rs.9,90,000/- on the pretext of giving Rs.15,00,000/- in exchange of aforesaid cheated amount in denomination of Rs. 100/- as against the exchange amount in denomination of Rs. 500/-.

Heard, the learned counsels for the petitioners and Mr. G.N. Rout, learned ASC in the present matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioners and on going through the materials placed on record and regard being had to the submission of charge sheet in this case as well as pre-trial detention of the petitioner in custody since 27.08.2023 and taking into account the law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773, this Court admits each of the petitioners to bail.

Hence, all the three bail applications of the petitioners stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance are 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 petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a 2nd Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from their custody.

The I.I.C., of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their 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 petitioners 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 petitioners 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, all the three bail applications stand disposed of.

Issue urgent certified copy of the order as per Rules..

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