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Orissa High CourtBLAPL/3865/2022disposed off

Prasant Das @ Pratap Kumar Sathpathy v. State Of Odisha

2022-05-18Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3865 of 2022 Prasant Das @ Pratap Kumar Sathpathy ....

Petitioner Mr. S.B. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.05.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Balimi P.S. Case No.233 of 2021, corresponding to G.R. Case No.639 of 2021, pending in the file of learned S.D.J.M., Hindol, for commission of alleged offences under Sections 420/506/34 of I.P.C. 4.

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

5.

Learned counsel for the Petitioner submits that Petitioner is languishing in jail custody since the date of his arrest, i.e. 02.07.2021. It appears from the FIR story that one Bijay Kumar Samal and son Sambit Mohan Singh had taken the alleged

// 2 // amount from the Informant on the pretext of providing job and did not provide the job as well as the money to the Informant In the meantime investigation has substantially progressed, therefore, there is no chance of evading the trial of the case. It is also submitted that Petitioner is ready to abide by any terms and conditions as fixed by this Hon'ble Court in the event of bail. 7.

Learned counsel for the State vehemently objects the prayer for bail of the Petitioner on the ground that he is involved in serious offences. Therefore, no leniency should be shown to the Petitioners. Accordingly, he prays for rejection of his bail application.

8.

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 Petitioner, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to the terms and conditions as deem fit and proper by the trial court. 9.

With the above direction, the BLAPL is accordingly allowed.

10.

Issue urgent certified copy of this order on proper application.

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