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Judgment
11 paragraphs · 340 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Cyber Crime and Economic Offences P.S. Case No.131 of 2023 corresponding to C.T. Case No.2081 of 2023 for the offences under Sections-419/420 IPC pending in the Court of the learned S.D.J.M., Bhubaneswar.
The allegation against the petitioner is that he has connived with the main accused person and accepted the photocopies of the documents and no due diligence was done by him being the bank officer. The allegation against the main accused persons is that they are running a racket of cloning the Debit/Credit Cards and siphoning the money from the account of different customers. The petitioner is a young man of 27 years and started his career as a banker.
The petitioner had approached the learned District Judge, 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.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 23.12.2023, the nature of accusation and there is no criminal antecedent against the petitioner and the fact that the petitioner is 27 years old and working in a bank, 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 whatsoever.
Non-cooperation in the investigation and/or 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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