Abhijeet Chakraborty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7775 of 2022 Abhijeet Chakraborty ....

Petitioner Mr. B.P. Rath, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The Petitioner is an accused in C.T Case No.3550 of 2022 pending in the file of learned S.D.J.M., Bhubaneswar, arising out of Laxmisagar P.S. Case No.228 of 2022, for offence under Sections 420/294/506/323/34 IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Addl. Sessions Judge-cumSpecial Judge, Vigilance, Bhubaneswar by order dated 08.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the Petitioner that essentially the matter is civil in nature arising out of violation of the terms of the contract. It is submitted that during pendency of the

matter, the Petitioner has paid a sum of Rs.4 lakhs to the Informant. It is submitted that to prove his bona fide the Petitioner has paid further sum of Rs.2 lakhs to the Informant-Prasanna Kumar Sahoo. A memo evidencing such payment is on record.

7.

Considering the nature of allegation and the payment of further sum of Rs.2 lakhs as noted above, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS