Rakesh Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.689 of 2022 Rakesh Pradhan ....

Petitioner Mr.S.P.Das,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Patra, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and the learned Additional Government Advocate. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner has not been named in the F.I.R. So far as the present case is concerned, allegation is against one Rakesh Kumar Panda on whose instruction the informant has deposited money in the account of Sushimita Vijay Meher to the tune of Rs.60,000/-. 5.

On the other hand, learned Additional Standing Counsel submits that during investigation Police has arrayed the present

// 2 // Petitioner as co-accused. He further submits that many similar cases are against the present Petitioner. Learned counsel for the State does not dispute the fact that the persons like the Petitioner have been used in business to cheat innocent people. However, king pin of the crime are different persons.

6.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned. J.M.F.C., Hinjlicut in G.R.Case No.395 of 2021 arising out of Hinjli P.S.Case No.450 of 2021 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate and subject to verification of criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than one criminal antecedent of similar nature, then this order shall not be given effect to.

It is further directed that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required and shall appear before the trial court on each and every date fixed. The Petitioner shall also not indulge in similar nature of offence while on bail. Violation of conditions shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge

// 3 // RKS