Pramod Kumar Samal @ Baban vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioners as well as learned Additional Government Advocate for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Township Sector-19 P.S.Case No.10 of 2023 corresponding to G.R.Case No.196 of 2023 pending in the Court of the learned S.D.J.M., Panposh, Rourkela for alleged commission of offence under Sections 420,379 of the Indian Penal Code read with section 66(C) of I.T.Act.

Learned  counsel  for  the  Petitioner  submits  that  earlier  this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 30.11.2023. Further, it is contended that in the meantime investigation has been completed and charge sheet has been filed. It is also submitted by the learned counsel for the Petitioner that trial has commenced and out of eight witnesses seven witnesses have been examined. Further learned counsel for the Petitioner submitted that since December, 2023 trial has not proceeded further, as a result of which the Petitioner is languishing in jail custody. Further, referring to the allegations made in the F.I.R. learned counsel for the Petitioner submitted that as per the allegations made in the F.I.R. a total um of Rs.33,900/- has been alleged to be withdrawn by the Petitioner fraudulently. On such ground, learned counsel for the petitioner submitted that the prayer for bail of the Petitioner be allowed at this juncture.

Learned Additional Standing Counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground that the Petitioner is having series of criminal antecedents. He further contended that in the event the petitioner is released on bail, there is every possibility of his absconding and in such eventuality, delay would cause in conclusion of the trial. On such ground, learned Additional Government Advocate submitted for rejection of the bail application of the petitioner.

Having heard learned counsels for the parties as well as considering the surrounding facts as well as the materials on record this Court is inclined to release the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with the following conditions. Release of the Petitioner on bail shall be subject to the terms and conditions that would be fixed by the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

. In addition to the above, the Petitioner shall furnish a cash security of Rs.5,000/- (Rupees Five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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