Mukesh Mantri @ Sajan vs State Of Orissa

S.S. Mishra, J

The petitioner is an accused in connection with Cyber Crime & Economic Offences Wing P.S. Case No.131 of 2023 for the offences U/Ss. 419/ 420/ 467/468/34 IPC r/w Sections 66(D) of the IT Act corresponding to C.T. Case No.2081 of 2023 pending in the Court of the learned S.D.J.M., Bhubaneswar

The allegation against the petitioner is that the informant opened an account bearing No.788001500633 at ICICI, Patrapara Branch and deposited an amount of Rs.30,000/- and it is alleged that on 21.09.2023 when he checked his balance in the account which was shown lien with a credit card, then he went to the bank where the manager told him that he has a credit card bearing No.4748469247533009 in his name and an amount of Rs.1,40,000/- was due on him for which the amount of Rs.30,000/- of his saving account is kept lien. It is further alleged that the informant was further informed that the said credit card has been used on 21.12.2021 in Appollo Hospital for payment of Rs.1 lakh. As he had no such credit card, the informant confirmed that somebody has committed fraud by submitting his documents for opening of the credit card. So he lodged the written report before the police station and after its registration, investigation commenced.

The petitioner had approached the learned 1st Addl. Sessions Judge-cum-Special Judge, Vigilance, Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 19.01.2024 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.

The co-accused Pradeep Kumar Samantra @ Pradeep Samantara has been granted bail by this Court on 01.03.2024 vide BLAPL No.586 of 2024.

Learned counsel for the petitioner submits that the plea of bail of the present petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody since 23.12.2023 and the nature of accusation and the fact that the co-accused persons have already been enlarged on bail, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail 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 the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner.

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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