Susanta Kumar Barik @ Susanta Barik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6087 of 2022 & BLAPL No. 6552 of 2022 BLAPL No. 6087 of 2022 Siva Kumar Jha ....
Petitioner Mr. J.Nayak, Adv.
- Versus - State of Odisha ....
Opposite Party Mr. P. Tripathy, Addl. Standing Counsel BLAPL No. 6552 of 2022 Susanta Kumar Barik @ Susanta Barik ....
Petitioner Mr. S.R. Das, Adv.
- Versus - State of Odisha ....
Opposite Party Mr. P. Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
14.10.2022 1.
These matters are taken up through hybrid mode. Order No.
4.
2.
Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.
3.
The petitioners are in custody since 01.06.2022 in connection with Cyber P.S. Case No.10 of 2022 corresponding to G.R. Case No.1036 of 2022 pending in the Court of learned S.D.J.M.(P), Rourkela for the alleged commission of offence under Sections 419/420/465/468/409 of IPC read with Section 66-D of I.T. Act.
4.
It is alleged that one Manas Kumar Khuntia committed fraud by accessing internet mobile banking system of the
informant and managed to transfer money from the informant's account to his own taking the help of the other petitioners. As such, a sum of Rs.41,25,000/- is said to have been so transferred. Charge sheet shows that a sum of Rs.30,000/- only was credited to the account of Susanta Kumar Barik, who transferred back the money to the account in Bank of Maharastra of accused Manas Ranjan Khuntia in small amounts. The petitioners are also said to have been gifted with gold ornaments by the said Manas Ranjan Khuntia. Investigation has been concluded and charge sheet submitted. I therefore, find no justified reason to detain the petitioners in custody.
5.
Considering the above facts and the period of detention of the petitioners in custody, I am inclined to allow the prayer for bail. Let the petitioners be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that the petitioner- Susanta Kumar Barik @ Susanta Barik shall furnish cash security of Rs.30,000/- (Rupees Thirty Thouand) and petitioner-Siva Kumar Jha shall furnish cash security of Rs.10,000/- (Rupees Ten Thousand). Further they shall appear before the trial court below on each date of posting of the case, failing which N.B.W. shall be issued against them to take them to custody again.
6.
BLAPLs are accordingly disposed of.
7.
Issue urgent certified copy as per rules.
(Sashikanta Mishra) Judge A.K. Rana