Prasanta Kumar Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4545 of 2022 Prasanta Kumar Jena ....
Petitioner Mr. Dharanidhar Nayak, Sr. Advocate and Mr. Akash Bhuyan Advocate -versusState of Odisha ....
Opposite Party Mr. M.K. Mohanty, ASC for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
20.05.2022 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 Cyber P.S. Sambalpur Case No.17 of 2022, corresponding to G.R. Case No.1284 of 2022, pending in the file of learned S.D.J.M., Sambalpur, for commission of alleged offences under Sections 419/420/467 of I.P.C. r/w. Section 66(C) of I.T. Act, 2000.
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 Petitioner is languishing in jail custody since the date of his arrest, i.e.
// 2 // 17.04.2022.It is further submitted that Petitioner is an innocent person having no criminal antecedents and nothing is there to implicate him in the alleged crime, in spite of he has been forwarded. It is submitted that Petitioner has been working as Senior Assistant in Urban Co-operative Bank Ltd., Rourkela from 1995 to 2016. It is alleged that during his period, Petitioner opened the bank account of the Informant at Nagapur and transferred the account to Rourkela and made the alleged transaction in the said he account by utilizing the PAN of the Informant He also submitted that the Petitioenr is a clerical employee of the bank and he has no role in opening any account or issuing cheque book. It is also submitted that Petitioner is ready and willing to abide by any terms and conditions as would be fixed by this Court in the event of bail.
5.
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.
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 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
// 3 // terms and conditions as deem fit and proper by the trial court including one condition that the Petitioenr will appear before the local police station as and when required and cooperate in the trial of the case.
7.
With the above direction, the BLAPL is accordingly allowed.
8.
Issue urgent certified copy of this order on proper application.
(A.K. Mohapatra) Judge U.K.Sahoo