Abhaya Kant Pathak vs State Of Odisha
2021 Latest Caselaw 6220 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                         BLAPL No. 2096 of 2021

             Abhaya Kant Pathak                  ....          Petitioner

                                    Mr. Manas Chand, Advocate

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

                                    Mr.Soubaghya Ketan Nayak,
                                    Addl. Government Advocate

                         BLAPL No. 2358 of 2021

            Akash Kumar Pathak          ....    Petitioner
                            Mr. Pitambar Acharya,
                            Senior Advocate

                                      -Versus-
            State of Odisha                      ....        Opp. Party

                                    Mr.Soubaghya Ketan Nayak,
                                    Addl. Government Advocate


                                     CORAM:

                               JUSTICE S.K. SAHOO
                                      ORDER

Order No. 09.06.2021

04. 1. This matter is taken up by video conferencing mode.

2. Heard Mr. Manas Chand, learned counsel for the petitioner in BLAPL No.2096 of 2021, Mr. Pitambar Acharya, learned counsel for the petitioner in BLAPL No.2358 of 2021 and Mr. Soubaghya Ketan // 2 //

Nayak, learned Addl. Government Advocate for the State.

3. Since both the bail applications under section 439 of Cr.P.C. arise out of the same case i.e. Golanthara P.S. Case No.374 of 2020 corresponding to G.R. Case No.2225 of 2020 pending on the file of learned S.D.J.M., Berhampur for alleged commission of offences punishable under sections 419/420/467/ 468/471/120-B of the Indian Penal Code read with sections 66(C) and 66(D) of the Information Technology Act, 2000 (hereafter 'I.T. Act'), with the consent of the learned counsel for the parties, those are heard analogously and disposed of by this common order.

4. Mr. Pitambar Acharya, learned Senior Advocate appearing for the petitioner Akash Kumar Pathak in BLAPL No.2358 of 2021 and Mr. Manas Chand, learned counsel appearing for the petitioner Abhaya Kant Pathak in BLAPL No. 2096 of 2021 submit that the petitioners were taken on remand in this case on 11.02.2021 and they have been charge sheeted under sections 419/420/467/468/471/120-B of the Indian Penal Code read with section 66(C) and 66(D) of the I.T. Act. It is further argued that one of the co- accused Pradeep Kumar Panigrahy has already been released on bail by this Court in BLAPL No.2109 of 2021. As per the statement of the informant Laxminarayan Nayak, an amount of Rs.6,00,000/- (six lakhs) was handed over to the said co-accused

// 3 //

and in this case as per charge sheet also, the said amount of Rs.6,00,000/- (six lakhs) is the final amount of cheating and while granting bail to the co- accused Pradeep Panigrahy, this Court has directed him to furnish cash security of Rs.6,00,000/- (six lakhs) with other terms and conditions and further directed that the said amount shall be handed over to the informant after obtaining an undertaking from him that in case the prosecution fails to establish the charges against the co-accused during trial, he shall deposit the said amount in the trial Court within one week of pronouncement of the judgment by the trial Court, which shall be refunded back to the said co- accused. It is further submitted by the learned counsel for the petitioners in both the bail applications that since the cheating amount is already secured and the offences are triable by Magistrate, the bail application of the petitioners may be favourably considered.

5. Mr. Soubaghya Ketan Nayak, learned Addl. Government Advocate on instruction submitted that there has been submission of charge sheet and the final cheating amount as per the charge sheet is Rs.6,00,000/- (Six lakhs).

6. Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioners, the fact that the offences are triable by Magistrate, the period of detention in

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judicial custody, I am inclined to release the petitioners on bail.

7. Let the petitioners in both the cases i.e., BLAPL No.2096 of 2021 and BLAPL No.2358 of 2021 be released on bail in the aforesaid case on furnishing bail bond of Rs.2,00,000/- (rupees two lakhs) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter along with the following conditions :

(i) the petitioners shall not try to come in contact with any of the prosecution witnesses or tamper with the prosecution evidence;

(ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the police or to the Court;

(iii) the petitioners shall appear before the learned trial Court on each date to which the case would be posted for trial;

(iv) the petitioners shall not give any press interviews and shall not make any public comment in connection with this case qua him or other co- accused to print and electronic media.

8. Violation of any of the conditions shall entail cancellation of bail.

9. BLAPL is accordingly disposed of.

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10. A copy of the order be handed over to the learned counsel for the State and also be communicated to the learned Court below for information and necessary action.

11. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587 dated 25th March 2020 as modified by Court's Notice No. 4798 dated 15th April 2021.

( S.K. Sahoo) Judge P