Prasanta Kumar Khatua vs State Of Odisha
2023 Latest Caselaw 5814 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.5175 of 2023

                 Prasanta Kumar Khatua           ....                  Petitioner
                                                        Mr. B. Dash, Advocate
                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                       Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

11.05.2023 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in G.R Case No.1041 of 2021 pending on the file of learned S.D.J.M, Dhenkanal, arising out of Dhenkanal Sadar P.S. Case No.476 of 2021 for commission of the alleged offence under Sections 420/466/468/471/34 IPC.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned A.D.J.-cum-Special Judge (Vigilance), Dhenkanal by order dated 17.04.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the allegation against the Petitioner is that promising to provide employment in Food Corporation of India, he has duped the Informant and others and in the process he has taken an amount of Rs.2,50,000/- each.

5. It is further submitted that the Petitioner is the first offender.

6. It is stated that the co-accused has already been released on bail by this Court by order dated 3.5.2023 in BLAPL No.4806 of 2023. Hence, inter alia, on the ground of parity, he seeks release.

7. Learned counsel for the State opposes the prayer for release during currency of investigation.

8. Considering the nature of allegation, release of the co- accused and that the Petitioner is the first offender and keeping in view 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, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8. Before releasing the Petitioner on bail, the learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

9. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every 15 days on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

10. The BLAPL thus stands disposed of.

11. Urgent certified copy of this order be granted as per rules.

                                                          (V. NARASINGH)
PKS                                                            Judge
                PRADEEP     Digitally signed by PRADEEP
                            KUMAR SWAIN

                KUMAR SWAIN Date: 2023.05.11 18:01:05
                            +05'30'