Usharani Barik vs State Of Odisha

A.K. Mohapatra, J

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

2.Heard  learned  counsel  for  the  Petitioner  as  well  as  learned Additional Standing Counsel for the State.

3.This  is  an  application  under  Section  439  of  the  Code  of Criminal Procedure filed by the Petitioner for bail in connection with Khandagiri   PS   case   No.581/2023   corresponding   to   G.R.   No. 1751/2023   pending   in   the   Court   of   the   learned   J.M.F.C.-V, Bhubaneswar for alleged commission of offence under Section 420, 506 and 34 of I.P.C.

Learned  counsel  for  the  Petitioner  submits  that  earlier  this matter was not before any other Bench of this Court. It is submitted by  the  learned  counsel  for  the  petitioner  that  the  petitioner  was initially  taken  intocustody  in  connection  with  another  case  on 21.12.2023.  He further  contended that  while  he was in custody he has been taken on remand in the present case on 27.12.2023. Learned counsel for the petitioner further submitted that out of the misappropriate amount a sum of Rs.14,00,000/- has come to the account of the present petitioner. On instruction learned counsel for the petitioner submitted that the petitioner is ready and willing to return the money to the informant within a stipulated time. It was also contended that the petitioner is having only one criminal antecedent and that she belongs to the locality, therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

5.Learned Additional Standing Counsel on the other hand objected to the release of the petitioner on bail on the ground that the allegations made in the F.I.R. are very serious in nature. He further contended that in the event the petitioner is ready and willing to return the money then he will have no objection if the petitioner is released on interim bail subject to the condition that she shall impose deposit some money at that time of released on interim bail. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

6.Considering the submissions made by the learned counsels appearing for the parties, on a careful examination of the surrounding facts as well as materials on record, this Court is inclined to release the petitioner on interim bail for a period of two months on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the petitioner shall also be subject to condition that the petitioner has initially returned a sum of Rs.5,00,000/- to the informant at the time of her release on bail. Thereafter, he shall arrange for payment of another Rs.5,00,000/- within eight weeks from the date of release on bail.

It is further made clear that the interim bail granted to the petitioner shall be subject to the condition that the petitioner shall refund the money as undertaken. Further the petitioner shall surrender positively on expiry of the interim bail and shall produce surrender certificate before Court below on the next date.

8.List this matter on 1st week of August, 2024.

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