Orissa High Court
Ruben @ Upendra vs State Of Odisha on 16 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11205 of 2022
1.Ruben @ Upendra
Samarath
2. Dhansingh Harijan .... Petitioners
Mr.Devashis Panda, Advocate
for petitioner no.1
Mr. S.C. Atabudhi, Advocate for
petitioner no.2
-versus-
State of Odisha .... Opp. Party
Mrs.Susamarani Sahoo
Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 16.05.2023
04. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard learned counsel for the petitioners and
learned counsel for the State.
This is an application under section 439 of Cr.P.C. in
connection with C.T. Case No.6256 of 2022 arising out of
EOW, Bhubaneswar P.S. Case No.19 of 2022 pending in
the Court of learned S.D.J.M., Khordha for offences
punishable under sections 419/420/467/468/ 471/120-B
of the Indian Penal Code and sections 66(C)/66(D) of the
Information Technology Act, 2000.
// 2 //
The petitioners moved an application for bail before
the Court of learned 1st Additional Sessions Judge -cum-
Special Judge, Vigilance, Bhubaneswar, which was
rejected on 05.11.2022.
As per the order dated 08.05.2023, the learned
counsel for the State has produced the letter dated
09.05.2023 received from the Inspector of Police, EOW,
CID, CB, Bhubaneswar, from which it appears that so far
as petitioner no.1-Ruben @ Upendra Samarath is
concerned, a sum of Rs.8,39,240/-(rupees eight lakhs
thirty-nine thousand two hundred forty only) has been
credited to his account and so far as petitioner no.2-
Dhansingh Harijan is concerned, a sum of Rs.1,86,851/-
(rupees one lakh eighty six thousand eight hundred fifty
one only) has been credited to his account.
Considering the submission made by the learned
counsel for the petitioners that the petitioners are in
judicial custody since 20.10.2022 and the offences are
triable by Magistrate and the petitioners are ready and
willing to deposit the amount in question before the Court
below and on hearing the learned counsel for the State, I
am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the
aforesaid case on furnishing bail bond of Rs.50,000.00
(rupees fifty thousand) each 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
// 3 //
with further conditions that both the petitioners shall
furnish cash security of 25% (twenty five percent) of the
amount credited to their respective accounts each as per
the letter dated 09.05.2023 received from the Inspector of
Police, EOW, C.I.D., C.B., Bhubaneswar at the time of
their release on bail and give an undertaking to deposit
the balance amount in three equal monthly installments
and the first installment of which shall commence a month
after their release on bail. 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. If
the petitioners fail to deposit any of the installments
within time to be stipulated by the learned trial Court, the
learned Court in seisin over the matter would be at liberty
to cancel the order of bail and take the petitioners to
judicial custody.
Accordingly, the BLAPL is disposed of.
Violation of any terms and conditions shall entail
cancellation of bail.
Urgent certified copy of this order be granted on
proper application.
A copy of the order be communicated to the learned
trial Court forthwith.
( S.K. Sahoo)
Signature Not Verified Judge
Sipun
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 17-May-2023 14:53:51
