Santosh Bansal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10084 of 2022 Santosh Bansal ....

Petitioner Mr. D.K. Sahu, Advocate -versusState of Odisha ....

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

ORDER

02.11.2022 Order No.

01.

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.2429 of 2022, pending in the file of learned S.D.J.M., Jharsuguda, arising out of Belpahar P.S. Case No.209 of 2022, for alleged commission of offence under Sections 403/408/420/468/471 of IPC and is in custody since 17.09.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that the petitioner manipulating the records transferred money to the tune of Rs.2,89,460/- to the account of his near relatives instead of depositing the same in the account of the truck owners.

6.

Learned counsel for the petitioner submits that since the petitioner is in custody since 17.09.2022 and investigation has progressed substantially, further continuance of the petitioner in custody is not warranted.

7.

Learned counsel for the State opposes the prayer for bail during the currency of investigation. And, it is further submitted that the cheque which was given in respect of the amount involved in the crime was dishonored.

8.

Taking into account the nature of allegations and the punishment prescribed, 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.

9.

Additionally it is directed that the petitioner shall submit cash security to the tune of Rs.1,50,000/-(Rupees One Lakh Fifty Thousands) only which shall be kept in short term, interest bearing account pledged in favour of the Court and which shall abide by the outcome of the trial.

10.

Accordingly, the BLAPL stands disposed of.

11.

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