Santosh Kumar Barad vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Koraput Town P.S. Case No. 89 of 2022 corresponding to G.R. Case No. 255 of 2022 pending in the Court of learned SDJM, Koraput, for commission of offences punishable Under Sections 417/419/420/468/471 /472/506/34 of IPC, on the allegation of cheating the Informant for a sum of Rs. 12, 00,000/- (Rupees Twelve Lakhs).

In the course of hearing of the bail application, Mr. D. Nayak, learned Senior counsel for the Petitioner submits that although there is allegation against the Petitioner, but he has already deposited 6,00,000/- and issued 2 cheques to the Informant for the rest amount which has been admitted by the Informant in his evidence as PW1. It is further submitted by him that for dishonor of cheques, the Informant has already instituted NI Act cases, but the fact remains that the Petitioner never intended to cheat anybody, rather he has expressed his bonafide by paying the money and issuing the cheques. It is further submitted that all the offences are triable by magistrate first class and the Petitioner has already been remained in jail for near about more than one year and the Petitioner, therefore, may kindly be granted bail.

On the other hand, Mr. S.R. Roul, learned ASC, however, opposes the bail application of the Petitioner tooth and nail.

Mr. S.K. Rout, learned counsel after entering appearance for the Informant by filing Vakalatnama, seriously opposes the bail application of the Petitioner by bringing to the notice of this Court that another case of similar nature is pending against the Petitioner and he, thereby, prays to reject the bail application of the Petitioner. The Vakalatnama filed by the informant be kept on record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the acknowledgment of the Informant to have received 6,00,000/- and two cheques towards the amount he had allegedly deceived in this case and regard being had to the pre trial detention of the Petitioner since 17.05.2023 and taking into account the law laid by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773, this Court admits the Petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two 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 not commit any offence while on bail,

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three (03) months from the actual date of his 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 in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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