Rohit Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4798 of 2022 Rohit Dash ....

Petitioner Mr. Suryakanta Dwibedi, Advocate -versusState of Odisha ....

Opposite Party Mr. Pranaya Kumar Maharaj, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 1.

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 Patnagarh P.S. Case No.79 of 2022, corresponding to G.R. Case No.264 of 2022, pending in the file of learned S.D.J.M., Patnagarh, for commission of alleged offences under Sections 489-B/489-C/34 of I.P.C.

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. 30.04.2022. It is submitted that Petitioner is an innocent person and there is no ingredients to constitute a prima facie offence as against the present Petitioner. It is also stated that Petitioner is a labour and he got the money from Baldev Bhoi of village Badbabejuri and Kushadev Bariha of village Bad Bichhilibahal as his wages and he

// 2 // had no knowledge that the notes are fake notes. The further submission is that Petitioner is a law abiding person and will abide by any terms and conditions imposed by this Court in the event of release on 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 offence. Therefore, no leniency should be shown to the Petitioner. 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.30,000/- (Rupees Thirty 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 would be deem fit and proper by the trial court.

7.

With the above direction, the BLAPL is accordingly allowed. 8.

Issue urgent certified copy as per rules.

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