Subham Ray 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 Rajakanika P.S. Case No.586 of 2023 arising out of G.R. Case No.1360 of 2023 pending in the file of learned J.M.F.C., Aul, for commission of offences punishable under Section 409 of IPC, on the allegation of misappropriating of Rs.1,05,790/-(Rupees One Lakh Five Thousand Seven Hundred Ninety) of the financial institution named and styled as “DCB Bank” after collecting the same from innocent depositors.

Heard, Mr. B.C. Ghadei, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record. It is also submitted that out of the aforesaid misappropriated amount, a sum of Rs.37,480/- (Rupees Thirty Seven Thousand Four Hundred Eighty) has already been recovered from the petitioner.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and regard being had to the pre trial detention of the petitioner in custody since 07.11.2023 with the progress of investigation and on going through the materials placed on record, 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.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety 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 and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six(06) 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 petitioner 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 similar 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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