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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
The Petitioner is in custody since 19.10.2023 in connection with Airport P.S. Case No.331/2023 corresponding to C.T. Case No.1261/2023 pending in the Court of learned J.M.F.C.-V, Bhubaneswar, for the alleged commission of the offence under Sections 420/506/34 of I.P.C.
It is alleged that the Petitioner convinced the informant to pay Rs.20,00,000/- on the pretext of arranging a seat for admission of his daughter in S.C.B. Medical College. The informant is said to have transferred the amount in different phases electronically and also by cash. It is submitted that the prosecution case even accepted on face value does not reveal a criminal offence and in any case is civil in nature. Since the contract between the Petitioner and the informant, if at all, is an unenforceable one, the informant has lodged the F.I.R. only as a means of recovery of the amount allegedly paid by him.
Learned State counsel submits that the amount being huge and there being a possibility of the Petitioner not attending the trial, stringent conditions may be imposed.
Taking into consideration all the above facts and in particular the nature of the contract between the Petitioner and the informant as also taking note of the fact that charge sheet has also been submitted, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall furnish property surety of Rs.20,00,000/- (Rupees Twenty Lakhs) and he shall personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said court to pass necessary orders to take him to custody again by issuing N.B.W.
The BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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