Dr. Pradeep Kumar vs State Of Odisha
2021 Latest Caselaw 6302 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            BLAPL No.3814 of 2021

                 Dr. Pradeep Kumar          ....      Petitioner
                 Panigrahi
                                Mr. Pitambar Acharya,
                                Senior Advocate

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

                                      Mr. Ashok Kumar Parija
                                      Advocate General
                                      Mr. S.K. Nayak
                                      Addl. Government Advocate
                                        CORAM:

                                 JUSTICE S.K. SAHOO
                                        ORDER

Order No. 10.06.2021

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

2. Heard Mr. Pirambar Acharya, learned Senior Advocate appearing for the petitioner and Mr. Ashok Kumar Parija, learned Advocate General for the State of Odisha.

3. This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Baidyanathpur P.S. Case No. 81 of 2021 corresponding to G.R. Case No. 511 of 2021 pending in the Court of learned S.D.J.M., Berhampur for offences punishable under sections 419, 420, 467, 468, 469, 471, 120-B of the Indian Penal Code and sections 66-C and 66-D of the Information Technology Act, 2000.

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4. The petitioner moved an application for bail before the learned 3rd Additional Sessions Judge, Berhampur (I/c), which was rejected on 07.05.2021.

5. Mr. Pitambar Acharya, learned Senior Advocate appearing for the petitioner submitted that the petitioner is a sitting M.L.A. of 132- Gopalpur Assembly Constituency in the district of Ganjam and he was taken on remand in this case on 15.04.2021 and the amount of cheating involved in the case as alleged is Rs.6,00,000/- (rupees six lakhs) and the petitioner is ready and willing to deposit the said amount without prejudice in the learned Court below and in other cases, the petitioner has already been released on bail and therefore, the bail application of the petitioner may be favourably considered.

6. Mr. Ashok Kumar Parija, learned Advocate General appearing for the State does not dispute about the amount of cheating involved in this case is to the tune of Rs.6,00,000/- (rupees six lakhs).

7. 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, since the investigation has made substantial progress and the petitioner is ready and willing to deposit the amount involved in the case, I am inclined to release the petitioner on bail.

8. Let the petitioner be released on bail in the aforesaid case on furnishing cash security of Rs.6,00,000/- (rupees six lakhs) and bail bond of Rs.2,00,000/- (rupees two lakhs) with two local solvent sureties each for the like

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amount to the satisfaction of the learned Court in seisin over the matter along with the following conditions :

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

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

(iv) the petitioner 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.

9. On deposit of the aforesaid cash security amount of Rs.6,00,000/- (six lakhs) by the petitioner, the learned S.D.J.M., Berhampur shall issue notice to the informant and on his appearance and being duly identified by his counsel, the said amount shall be handed over to him on obtaining an undertaking from him that in case the prosecution fails to establish the charges against the petitioner during trial, he shall deposit the amount of Rs.6,00,000/- (six lakhs) in the trial Court within one week of pronouncement of the judgment by the trial Court, which shall be refunded back to the petitioner.

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

11. BLAPL is accordingly disposed of.

12. 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.

13. 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) RKM Judge