Subrat Das vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioners and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with C.T. Case No.62 of 2024, arising out of Morada P.S. Case No.0391 of 2023, pending in the Court of learned J.M.F.C., Morada, for alleged commission of offences punishable under Sections 420/120-B of I.P.C.

It is submitted by the learned counsel for the Petitioners that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioners are in jail custody since 08.11.2023. He further submitted that in the meantime, investigation has been concluded and final charge sheet has been filed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioners submitted that the Petitioners have been falsely implicated in the present case. In course of his argument, learned counsel for the Petitioners further contended that pursuant to order dated 01.12.2023 passed by this Court in ABLAPL No.13827 of 2023, the so-called principal accused, namely, Sanjukta Das, wife of the Petitioner No.1, has already been released on bail. On such ground, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and conditions that would be imposed by this Court which the Petitioners shall abide by while on bail.

Learned counsel for the State, on the other hand, opposed the release of the Petitioners on bail on the ground that the allegations made in the F.I.R. are serious in nature. He further submitted that the innocent persons have been cheated by the Petitioners financially, as the accused persons collected money from innocent depositors to deposit the same in the loan account, however, the same has not been deposited in the loan account and the collected money has been taken by the accused persons. He further submitted that although the investigation has been concluded and charge sheet has been filed, however, release of the Petitioners at this stage would cause delay in conclusion of the trial.

Considering the submissions made by the learned counsels appearing for the respective parties and on examination of the materials on record as well as the fact that one of the co-accused has already been released on bail and further consideration the nature of allegation, this Court is inclined to release the Petitioners on bail.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioners shall also be subject to such other terms and condition which would imposed by the Court in seisin over the matter. The release of the Petitioners shall also be subject to verification of the fact that principal accused, namely, Sanjukta Das has already been released on bail.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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