Ganesh Chandra Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3415 of 2022 Ganesh Chandra Patra ....

Petitioner Mr. Abinash Routray, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

16.05.2022 Order No.

01.

1.

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

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Capital P.S. Case No.151 of 2022, correspondents to C.T. Case No.1496 of 2022, pending in the file of learned S.D.J.M., Bhubaneswar, for commission of alleged offences under Sections 419/420/468/ 469/471/120-B of I.P.C. and Section 66(D) of Information Technology Act.

3.

Heard learned counsel for both the parties. Perused the FIR, Case Diary and statement of witnesses.

4.

Learned counsel for the Petitioner submits that the Petitioner is in custody since 11.03.2022. It is further submitted that the Petitioner is an innocent person and having no criminal antecedent and now continuing as Constable in the State

// 2 // Authorities. The Petitioner is no way connected in the alleged crime and the investigation has substantially progressed in the meantime. It is further submitted that in the event of release on bail, he shall abide by the terms and conditions as fixed by this Hon'ble Court.

5.

Learned counsel for the State vehemently opposes the bail application of the Petitioner. He, however, submits that in the event of release on bail, stringent conditions may be imposed on the Petitioner.

6.

Having regard to the facts and circumstances of the case, considering the nature and gravity of offences alleged and the period of detention of the Petitioners, this Court is inclined to release the Petitioners on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) each with one surety each for the like amount to the satisfaction of the learned court in seisin of the matter subject to the following conditions :

i) Petitioner will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial;

ii) will appear before concerned police station once in every Monday in between 10 A.M. to 2 P.M. and iii) will not threaten or terrorize the prosecution witnesses in any manner and indulge himself in any criminal activity.

7.

Violation of any of the terms and conditions shall entail cancellation of bail.

8.

The BLAPL is accordingly disposed of.

// 3 // 9.

Urgent certified copy of this order be granted on proper application.

(A.K. Mohapatra) Judge U.K.Sahoo