Orissa High Court
Bibhuti Bhusan Mishra vs State Of Odisha on 18 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8026 of 2023
Bibhuti Bhusan Mishra .... Petitioner
Mr. M.R. Khatua, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
Mr. S.R. Rout, Adv.(Informant)
CORAM: JUSTICE V. NARASINGH
ORDER
18.08.2023
Order No.
03. 1. Heard learned counsel for the petitioner, learned counsel
for the State and learned counsel for the informant.
2. The petitioner is an accused in connection with G.R. Case
No.419 of 2023, pending in the Court of the learned J.M.F.C.,
Salipur, arising out of Nemalo P.S. Case No.63 of 2023
corresponding to ICC Case No.79 of 2023, for alleged commission
of offences under Sections 406/ 408/ 409/ 420/ 463/ 464/ 465/ 468/
470/471/472/473/474/475/476/34 of IPC.
3. Being aggrieved by the rejection of his application for bail
U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Salipur,
by order dated 15.07.2023 in the aforementioned case, the present
BLAPL has been filed.
4. Learned counsel for the petitioner submits that the
petitioner is in custody since 03.06.2023 on the allegation that he
duped the informant and his brother of Rs.14,00,000/- for providing
them Government jobs in the Rural Works Department,
Bhubaneswar and it is stated that as charge sheet has been filed on
03.08.2023, his further continuance in custody is unwarranted.
5. It is submitted by the learned counsel for the petitioner that
keeping in view the nature of allegations, the petitioner ought not to
have been taken into custody in view of the judgment of the apex
Court in the case of Satender Kumar Antil vrs. Central Bureau of
Investigation & Another, reported in 2022 (10) SCC 51.
6. It is stated that the co-accused Bibhuti Bhusan Rayguru
has been released in terms of the dictum of the apex Court in the
case of Arnesh Kumar vrs. State of Bihar and another reported in
(2014) 58 OCR (SC) 999.
7. Learned counsel for the State as well as the informant
oppose the prayer for bail and it is brought to the notice of this
Court that the petitioner has criminal antecedent inasmuch as he is
an accused in Laxmisagar P.S. Case No.80 of 2023. Hence, the
petitioner ought not to be released on bail merely because charge
sheet has been filed and he cannot claim any parity with the co-
accused who has been released.
8. The receipt allegedly granted by the petitioner evidencing
receipt of amount of Rs.14,00,000/- for providing jobs in R.D.
Department is stated to have been seized.
9. Referring to the same, learned counsel for the informant
submits that since it's an allegation under Sections 468/471 of IPC,
prima facie the submission of the learned counsel for the petitioner
that the case is covered by the judgment of the apex Court in the
case of Satender Kumar Antil (Supra) is untenable.
10. Learned counsel for the petitioner has filed an affidavit
indicating his willingness to deposit a sum of Rs.4,00,000/-(Rupees
four lakhs) as cash security, without prejudice to his rights and
contentions.
11. Considering the same and taking into account the filing of
the charge sheet, this Court directs the petitioner to be released on
bail on such terms to be fixed by the Court in seisin.
12. Additionally it is directed that the petitioner shall furnish
cash security to the tune of Rs.4,00,000/-(Rupees four lakhs) as
undertaken as a condition precedent for release. The same shall be
kept in an interest bearing account pledged in favour of the learned
Court in seisin and shall abide by the final outcome of the case at
hand. Such direction is issued keeping in view the criminal
proclivity of the petitioner as a deterrent.
13. It is further directed that the petitioner shall furnish
unencumbered property security to the tune Rs.10,00,000/-(Rupees
ten lakhs) to the satisfaction of the learned Court in seisin which
shall abide by the final outcome.
14. It is needless to state here that both the cash security and
the property security as directed does not in any way reflect the
complicity of the petitioner and the same has to be adjudicated
independently in the impending trial.
15. It shall open for the informant to seek release of the
amount in accordance with law.
16. Accordingly, the BLAPL stands disposed of.
17. In view of the disposal of the BLAPL, I.A. No.1087 of
2023 is also disposed of.
18. Urgent certified copy of this order be granted in course of
the day.
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Reason: Authentication (V. NARASINGH)
Location: High Court of Orissa
Ayesha
Date: 18-Aug-2023 19:52:06 Judge
