Raghunath Behera vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.1274 of 2017 arising out of Mancheswar P.S. Case No.133 of

2017 pending in the Court of learned S.D.J.M., Bhubaneswar for offences punishable under sections 420/465/467/468/471/120-B of the Indian Penal

Code.

The petitioner moved an application for bail before the Court of learned 5th Addl. Sessions Judge, Bhubaneswar which was rejected on 18.12.2020.

Learned counsel for the petitioner submitted that the petitioner was taken on remand in this case on 31.01.2020 and he has been charge sheeted under

sections 420/465/467/468/471/120-B of the Indian Penal Code and the total amount of cheating involved in this case as per the charge sheet is

Rs.18,00,000/- (Rupees Eighteen Lakhs). The father of the petitioner has filed an affidavit indicating therein that the petitioner is ready and willing to

deposit Rs.3,00,000/- (Rupees Three Lakhs only) before the learned trial Court, at the time of his release on bail and the balance amount shall be

deposited in equal installments.

Learned counsel for the State has no serious objection to the averments made in the affidavit as well as the submission made by the learned counsel

for the petitioner.

Considering the submission made by the learned counsel for the petitioner, the nature of accusation against the petitioner and since the offences are

triable by Magistrate and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may

deem just and proper with further condition that the petitioner shall furnish cash security of Rs.3,00,000/- (rupees three lakhs) at the time of his release

on bail and so far as the balance amount of Rs.15,00,000/- (Rupees Fifteen Lakhs) is concerned, he shall give an undertaking to deposit the same in

five equal monthly installment and the first installment shall commence a month after his release on bail. The cash security, if deposited, shall be kept

in short term fixed deposit scheme in any Nationalized Bank which shall be renewed from time to time till conclusion of the trial and its disbursement

shall be subject to the judgment of the learned trial Court and if the petitioner fails to deposit any of the installment in time, the learned S.D.J.M.,

Bhubaneswar is at liberty to cancel the order of bail and take the petitioner in judicial custody.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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