Sanat Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3651 of 2022 Sanat Kumar Nayak ....

Petitioner Mr.Lalit Sahu,Advocate -versusState of Odisha ....

Opposite Party Mr. P.C.Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.05.2022 02.

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 Cyber Crime Economic Offence, Balangir P.S.Case No.10 of 2022 corresponding to G.R.Case No.296 of 2022 pending in the Court of the learned S.D.J.M., Balangir for commission of an alleged offence under Section 420 of the Indian Penal Code and 66(D) of I.T.Act, 2000.

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 05.04.2022. It is further contended by the learned counsel for the Petitioner that the allegation made against the Petitioner is concocted, fabricated, whimsical in order to harass the petitioner. It is also submitted by the learned counsel for the Petitioner that nothing has been seized from the possession of the

// 2 // Petitioner. It is submitted by the learned counsel for the Petitioner that since the Petitioner is the inhabitant of Boudh district, 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 the Petitioner cheated the informant. He further contends that such type of offences are increasing day by day. Accordingly, learned Additional Standing Counsel urges rejection of the bail 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 custodial detention of 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 cash security of Rs.50,000/- (Rupees Fifty thousand) besides 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 not indulge in similar nature of offence;

ii) he shall appear before the trial court on each and every date and shall cooperate for early conclusion of trial;

iii) he shall not tamper with the prosecution evidence and shall not make any attempt to influence or threaten the witnesses;

iv) he shall provide his address as well as his phone number to the concerned Police Station and keep the same updated in the event the same is

// 3 // changed in future;

v) he shall appear before the Investigating Officer as and when required for the purpose of investigation.

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