Suraj Karua vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with G.R. Case No.1189 of 2022 arising out of Pahala P.S. Case No.197 of 2022 pending in the file of learned JMFC(O), Bhubaneswar for commission of offences punishable under Sections 420/419/34 of IPC, on the allegation of cheating the Informant and his relatives for an amount of Rs.19,000,00/-.

A memo filed by the Petitioner is taken on record and, accordingly, SDJM, Bhubaneswar may be read as JMFC(O) in the bail application.

In the course of hearing of the bail application, Mr. P.K. Nigam, learned counsel for the Petitioner submits that the Petitioner has been detained in custody since 22.10.2022 and in the meanwhile, investigation has already been completed, but the allegation against the Petitioner is that he has taken away 19,000,00/- from the informant and his relatives as a loan on the pretext that he would introduce the Informant and their relatives to get some work in Orissa Cricket Academy and such allegation being unfounded, the present Petitioner may kindly be granted bail.

On the other hand, Mr. S.S. Roul, learned A.S.C., however, strongly opposes 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 manner and circumstance of implication of the present Petitioner in this case and the supporting materials collected by the Investigating Agency and regard being had to the pre trial detention of the Petitioner since 22.10.2022 and the completion of investigation in the meanwhile and taking into consideration the other circumstances on record in entirety, 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) with two solvent sureties 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

(iv) the Petitioner shall report attendance before the jurisdiction 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 his 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 grave and serious 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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