Sk. Iqubal @ Iabal Mohammed vs State Of Odisha

S.S. Mishra, J

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

The petitioner is an accused in connection with Sahadevkhunta P.S. Case No.342 of 2023 corresponding to C.T. Case No.702 of 2023 for the offences under Sections-419/420/294/509/506/34 IPC pending in the Court of the learned S.D.J.M., Balasore.

The allegation against the petitioner is that on 23.08.2023 the informant lodged a written report before the Sahadevkhunta P.S. that in the year 2018, the informant was working in Patra Electronics, Balasore Branch. At that time, the petitioner promised to the informant that he will arrange a good job for her abroad. Believing the petitioner, the informant had paid total Rs.3,84,000/- to the petitioner. The money was transferred to the petitioner through bank transaction. Thereafter, the petitioner avoided the informant, for which the case has been registered.

Learned counsel for the petitioner on instruction submits that he would pay all the amount to the informant on installment basis and to begin with, he would pay a sum of Rs.1,00,000/- (Rupees one lakh) within fifteen days from the date of his release. Rest of the amount he will be paying within a month or so.

Mr. Kumar Kashyap, learned counsel for the informant submits that in the event, the entire money is paid to his client he may not be interested to prosecute the petitioner.

The petitioner had approached the learned P.O., Special Court (SC & ST), Balasore praying for grant of bail. The learned Court below vide its order dated 30.01.2024 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.

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.

Taking into consideration the period of custody from 23.12.2023, 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.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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