Sakeel Ahamed v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3957 of 2022 Sakeel Ahamed ....

Petitioner Mr.Kedar Ku. Dash, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K.Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.05.2022 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 Komna P.S. Case No.355 of 2021 corresponding to C.T.Case No.355 of 2021 pending in the Court of the learned G.M.A.- cum-J.M.F.C.,Komna for commission of an alleged offence under Sections 420,379 of the Indian Penal Code read with Section 66(C) & 66(D) of the Information Technology Act, 2000. 5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 08.12.2021 and after completion of investigation, the Investigating Agency submitted charge sheet in this case. It is further contended by the learned counsel for the Petitioner that co-accused namely Hakku has been released on bail by this Court in BLAPL No.3553 of 2022. It is submitted by the learned

// 2 // counsel for the Petitioner that since the Petitioner is the inhabitant of his locality and he runs his business in the Nuapada district since last 17 years, 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 considering the nature and gravity of the offence no leniency should be shown 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 custodial detention of the Petitioner and the fact that co-accused has been released on bail in BLAPL No.3353 of 2022, 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 each 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 Investigating Officer as and when required for the purpose of investigation. 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