Ajay Kumar Das vs State Of Odisha
2021 Latest Caselaw 12886 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                         BLAPL No. 5414 of 2021

              Ajay Kumar Das                      ....         Petitioner

                                 Mr. B.K. Ragada, Advocate

                                       -versus-
              State of Odisha                     ....      Opp. Party

                                 Mr. A.K. Beura,
                                 Addl. Standing Counsel
                                CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No. 15.12.2021

04. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.886 of 2021 arising out of Angul P.S. Case No.330 of 2021 pending in the Court of learned S.D.J.M., Angul for offences punishable under sections 420/120- B/419/448/471 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Angul which was rejected on 06.07.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since // 2 //

26.06.2021 and he has been charge sheeted under sections 420/120-B/419/448/471 of the Indian Penal Code. The amount of cheating is stated to be Rs. 8,00,000/- (rupees eight lakhs) and the offences are triable by Magistrate and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody and the fact that the offences are triable by Magistrate, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper with further condition that the petitioner shall furnish cash security of Rs.4,00,000/- (rupees four Lakhs only) at the time of his release on bail and so far as the balance amount of cheating to the tune of Rs.4,00,000/- (Rupees four lakhs) is concerned, he shall give an undertaking to deposit the same in four

// 3 //

equal monthly installments and the first installment shall commence a month after his release on bail. The deposit be made within 1st week of every month. The cash security, if deposited, shall be kept in short term fixed deposit scheme in any Nationalized Bank which shall be renewed from time to time till conclusion of the trial and its disbursement shall be subject to the judgment of the learned trial Court and if the petitioner fails to deposit any of the installment in time, the learned S.D.J.M., Angul is at liberty to cancel the order of bail and take the petitioner in judicial custody.

The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P