Rohit Menan vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Jeypore Sadar P.S. Case No. 315 of 2022 corresponding to G.R. Case No. 1077 of 2022 pending in the file of learned S.D.J.M., Jeypore for commission of offences punishable under Sections 395/120-B of the IPC, on the allegation of transferring Rs.43,000/- sum odd to their account from the account of the informant by using phonePe.

Heard Mr.T.K.Mishra, learned counsel for the petitioner and Mrs.S.R. Sahoo, learned ASC in the matter of present bail application and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioners and regard being had to their pretrial detention since 23.03.2023 and taking into account grant of bail to co-accused Dambaru Benia Beniya @ Harijan and another in BLAPL No. 3079 of 2023, this Court admits the petitioners to bail.

Hence, the bail application of the petitioners stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with.

(ii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

(iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for similar type of offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

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

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