Purna Chandra Ghadei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 13894 of 2022 Purna Chandra Ghadei & Others .... Petitioners Mr. Smruti Ranjan Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. Debais Biswal, ASC.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

06.12.2022 03.

1. Heard learned counsel for the Petitioners and the State.

2. This is an application seeking grant of bail U/s. 438 Cr.P.C. by the Petitioners in apprehension of arrest for their alleged involvement in the offences under Sections 420 & 467 of IPC.

3. Learned Counsel for the Petitioners does not want to press the bail application in respect of Petitioner Nos. 1 to 3 and 5. Accordingly, the bail application in respect of Petitioner Nos. 1 to 3 and 5 is dismissed as not pressed.

4. So far as Petitioner No. 6 is concerned, learned Counsel for the Petitioners submits that he is neither a loanee nor is connected with the present case and as such he may be considered for anticipatory bail.

5. On the contrary, learned Counsel for the State submits that the complaint clearly reveals that the Petitioner No. 6- Bhabani Shankar Panda is the kingpin of the referred gold loan fraud and has

// 2 // involved different borrowers and valuer to avail loan from the Baisinga Branch and Ganeswar Branches against the pledge of fake gold ornaments for pecuniary gain by use of muscle and other acquaintances. It also reveals from the FIR that the said Bhabani Shankar Panda did not cooperate with the investigation so also took away valuable documents such as the original statement of the gold appraiser and the borrowers. He further submitted the Petitioner No. 4-Bipin Chandra Barik is involved in similar offence wherein huge amount of fraud has been committed by him and having arrested is presently in custody.

6. Keeping in view the submissions of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences as available in the materials on record so also the huge fraud committed with the Bank involving both the Petitioners 4 and 6, in absence of material as to the credibility of their position or avocation, this court is not inclined to grant anticipatory bail to the Petitioner No. 4 and 6. The prayer for bail accordingly stands rejected and the ABLAPL is dismissed.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan