High CourtsSingle Bench

Prashanta Kumar Saha vs State Of Odisha

Orissa High Court · Decided on 7 March 2024 · Citation: (2024) 03 OHC CK 0063

HON’BLE JUDGES
S.S. Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 408, 420, 465, 467, 468, 471
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 915 Of 2024
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Judgment

12 paragraphs · 355 words

S.S. Mishra, J

1.

This is an application under Section-439 Cr.P.C.

2.

The petitioner is an accused in connection with Keonjhar Cyber Crime and Economic Offences P.S. Case No.10 of 2023 corresponding to G.R. Case No.1096 of 2023 for the offences under Sections 120-B, 408, 420, 465, 467, 468 471, 34 of I.P.C pending in the Court of the learned S.D.J.M., Keonjhar.

3.

The petitioner is one amongst the five other accused persons, who have clandestinely sold the materials and equipments of Utkal Automobiles and the Manager of Utkal Automobile is the informant in this case. While auditing, the misappropriation was discovered and accused persons were apprehended.

4.

Mr. P.K. Maharaj, learned Additional Standing Counsel submits that after completion of investigation, charge sheet has been submitted in the present case and the allegation against the petitioner is serious in nature, if they are granted bail, strict conditions should be imposed.

6.

The petitioner had approached the learned Sessions Judge, Keonjhar praying for grant of bail. The learned Court below vide its order dated 05.01.2024 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.

7.

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.

8.

Taking into consideration the period of custody from 24.12.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, 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 and shall appear before the concerned Police Station on every Sunday for two months.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

9.

The BLAPL is accordingly disposed of.

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