← Library
Orissa High CourtABLAPL/1616/2022disposed off

Satya Narayan Das v. State Of Odisha

2022-08-25Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1616 of 2022 Satya Narayan Das ....

Petitioner Mr.D.K.Rath,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 04.

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 pursuant to order dated 28.02.2022 passed by this Court learned Additional Standing Counsel submits that Khandagiri P.S.Case No.111 of 2022 has been registered corresponding to I.C.C.Cse No.192 of 2022. On perusal of the complaint petition, it appears that the complainant has admittedly appointed the Petitioner as consultant in respect of his institution and has paid a sum of Rs.31,90,000/-

// 2 // towards consultation fee. Learned counsel for the Petitioner submits that he has in fact received that sum of Rs.31,80,000/- towards consultation fee. On further perusal of the complaint petition, it appears that the complaint case was filed as the work performed by the Petitioner was not up to the satisfaction of the complainant. Therefore, the complainant felt that he has been cheated by the Petitioner.

5.

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. S.D.J.M., Bhubaneswar in Khandagiri P.S.Case No.111 of 2022 corresponding to I.C.C.Case No.192 of 2022 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 with further conditions 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. 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 RKS

// 3 //