Ramsebak Senapati vs State Of Odisha .... Opposite Party
2024 Latest Caselaw 9964 Ori

Orissa High Court

Ramsebak Senapati vs State Of Odisha .... Opposite Party on 28 May, 2024

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 5352 of 2024

                 Ramsebak Senapati                 ....                   Petitioner
                                                      Mr. B.B. Routray, Advocate

                                            -versus-

             State of Odisha                       ....              Opposite Party
                                                            Mr. K.K. Gaya, ASC

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

28.05.2024 Order No.

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

2. The Petitioner is an accused in connection with G.R. Case No.2338 of 2023 pending on the file of learned S.D.J.M., Panposh, Rourkela, arising out of Uditnagar P.S. Case No.436 of 2023 for commission of offence alleged under Sections 419/420/506/34 of IPC.

3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Rourkela by order dated 02.04.2024 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioner is in custody since 07.03.2024 and as charge sheet has already been filed on 26.04.2024, Petitioner may be released on bail.

6. Copy of the charge sheet filed by the learned counsel for the Petitioner is taken on record.

7. It is submitted by the learned counsel for the Petitioner with vehemence that the matter is in the realm of contract and referring to the judgments of the Apex Court submits that the FIR in the first place ought not to have been registered in the case at hand.

8. On instruction, it is stated that the Petitioner is the first offender.

9. Learned counsel for the State opposes the prayer for bail and submits from very inception the Petitioner had intention to cheat. So the case at hand cannot be classified one as an offshoot of contract, as alleged.

10. Taking into account the filing of the charge sheet and that the Petitioner is the first offender, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of similar nature.

11. If it comes to the fore that the Petitioner has criminal antecedent of similar nature, this order shall not be given effect to.

12. Additionally, it is directed that the Petitioner shall furnish unencumbered property security to the tune of Rs.35,00,000/- (Rupees Thirty Five Lakhs) to the satisfaction of the learned Court in seisin which shall be abide by the final outcome of trial.

13. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Vacation Judge Santoshi

Designation: Senior Stenographer

Location: High Court of Orissa Date: 29-May-2024 12:02:41