Manas Kumar Bej v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3467 of 2022 Manas Kumar Bej ....
Petitioner Mr.Jayadeep Pal, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K.Nayak, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
16.05.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State.
4.
This is an application under Section 439 of the Criminal Procedure Code filed by the Petitioner to release him on regular bail in connection with Badagada P.S. Case No.118 of 2022 corresponding to C.T.Case No.2049 of 2022 pending in the Court of the learned S.D.J.M., Bhubaneswar for commission of an alleged offence under Sections 420, 465, 468, 471 of the Indian Penal Code. 5.
It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 08.04.2022. It is further contended by the learned counsel for the Petitioner that the allegation against the Petitioner is that he has received Rs.40,000/- from one Priti Ranjan Pradhan who was issued with fake handicapped certificate to get admission in the BJB College. It is further submitted that the fake certificate has been issued by somebody else and the Petitioner has
// 2 // been falsely implicated in the present case. It is submitted by the learned counsel for the Petitioner that since the Petitioner is the inhabitant of his village, there is no chance of his absconding or fleeing from receiving justice. In the event of his release by this Court, the Petitioner shall appear before the trial court on each date of posting of the case and he is ready and willing to abide by the conditions that may be imposed by this Court.
6.
Learned counsel for the State on the other hand opposes the prayer for bail of the Petitioner and submits that Priti Ranjan Pradhan has paid Rs.40,000/- to the Petitioner. Accordingly, learned Additional Standing Counsel urges rejection of the application of the Petitioner. 7.
Having heard learned counsel for the parties and considering the nature and gravity of the allegation made in the F.I.R. as well as the student Priti Ranjan Pradhan has paid a sum of Rs.40,000/- to the Petitioner, this court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions i) he shall appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. till conclusion of trial.
ii) shall cooperate with the trial of the case and shall appear in trial court on each and every date to which the case is posted.
iii) shall not indulge in any offence of similar nature iv) shall not tamper with the prosecution evidence while on bail.
v) shall not influence or threaten any prosecution evidence
// 3 // while on bail.
vi) Violation of any of the terms and conditions shall entail cancellation of bail.
8.
The trial court may also impose any other condition(s) as deem fit and proper.
9.
The Bail Application is accordingly disposed of. 10.
Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge