High CourtsSingle Bench

Rabindra Kumar Behera vs State Of Odisha

Orissa High Court · Decided on 15 May 2024 · Citation: (2024) 05 OHC CK 0169

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294, 323, 341, 420, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 13781 Of 2023
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Judgment

11 paragraphs · 278 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 12.09.2023 in connection with Infocity P.S. Case No.175 of 2023 corresponding to C.T. Case No.406 of 2023 pending in the Court of learned J.M.F.C.-II, Bhubaneswar for the alleged commission of offence under Sections 420/341/323/294/506/34 of IPC.

4.

It is alleged that the petitioner took 14 Lakhs from the informant on the pretext of arranging establishment of a canteen at his instance at an educational institution. It is submitted that because of his incarceration he is unable to arrange money to repay the informant. He further submits that in any case this is a private and civil dispute. However, he is ready and willing to pay Rs. 1.5 Lakhs to the informant before the Court at the time of his release.

5.

Considering the submissions as above and taking note of the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the following conditions:

(i) He shall pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) only to the informant in the shape of demand draft before the Court below at the time of his release.

(ii) He shall personally appear before the trial Court on each date of posting of the case.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

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