Subasis Routray vs State Of Orissa

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 Chhendipada P.S. Case No. 84 of 2023 corresponding to G.R. Case No. 170 of 2023 pending in the Court of learned JMFC, Chhendipada, Dist- Angul for commission of offences punishable Under Sections 409/477(A)/34 of IPC, on the allegation of misappropriating 1,85,50,000/- (One Crore Eighty Five Lakhs Fifty Thousand) from the ICICI Bank, Chhendipada Branch, Angul which was detected after finding shortage of 37,100 numbers of GC notes of Rs. 500/ denomination.

In the course of hearing of the bail application, Mr.S.K.Mishra, learned Sr. counsel for the Petitioner submits that although there is some allegation against the Petitioner for misappropriation of money, but the Petitioner is an innocent person and he has not committed any offence, rather co-accused Akash Bharti is the prime accused against whom the main allegation of misappropriation of Rs.1,85,50,000/- has been detected and accordingly, co-accused Akash Bharti has deposited a sum of Rs. 22,50,000/- with an undertaking that he would deposit the balance amount. It is further submitted that merely because the present Petitioner was working with co-accused does not necessarily infer the involvement of the Petitioner, after detection of the shortage of cash in the vault of the bank which was detected subsequently after the Petitioner tendering resignation and, therefore, the Petitioner cannot be held liable for the aforesaid offence. It is further submitted by Mr. Mishra that after completion of investigation, charge-sheet has already been placed keeping the investigation open for apprehension of other accused persons and collection of evidence and, therefore, it is uncertain as to when the trial will commence and how much time it would take to complete the trial. On these grounds, learned counsel prays to grant bail to the Petitioner.

On the other hand, Mr. R.B. Mishra, learned AGA, however, strongly opposes the bail application of the Petitioner by submitting inter-alia that the Petitioner is the prime accused in misappropriating such a huge amount and he by drawing attention of the Court to the materials placed on record submits that there are enough materials to consider prima facie case against the Petitioner. On these submissions, learned AGA prays to reject the bail application of the Petitioner.

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 nature and strength of supporting materials available on record and on going through the materials placed on record and regard being had to the quantum of misappropriation of money for such a huge magnitude of Rs. 1,85,50,000/- (One Crore Eighty Five Lakhs Fifty Thousand) and taking into account the alleged role played by the Petitioner, this Court is not inclined to grant bail to the Petitioner at this stage.

Hence, the bail application of the Petitioner stands rejected. The Petitioner is, however, at liberty to renew his prayer for bail at a later stage.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

…………………………