Anikesh Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10275 of 2021 Anikesh Sahoo ....

Petitioner Mr. D.P. Dhal, Advocate -versusState of Odisha ....

Opposite Party Mr. D.K. Pani, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

04.02.2022 Order No.

03.

1. This matter is taken up through video conferencing.

2. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.419/420/467/468/471/120-B, I.P.C.

3. Heard Mr. D.P. Dhal, learned counsel for the Petitioner as well as Mr. D.K. Pani, learned A.S.C. for the State-Opposite Party.

4. It is submitted that the Petitioner is inside custody since 23.10.2021 and in the meantime investigation has been completed. It is also submitted that this Petitioner has signed in the agreement as a witness at the instance of the principal accused, Chandan Akash Mohanty, who received the entire amount from the husband of the complainant. It is further submitted that the Petitioner was not aware of the fraud to be committed by the principal accused and he is not a part of the same.

5. Mr. D.K. Pani, learned A.S.C. for the State-Opposite Party submits that this Petitioner has received Rs.1,00,000/- from the husband of the complainant and the Petitioner is the man who initially persuaded the complainant about the transaction.

6. After hearing both the parties and considering the period of detention of the Petitioner inside custody and the fact of completion of investigation as well as the specific nature of role allegedly played by this Petitioner, it is directed to release the Petitioner on bail in connection with EOW Bhubaneswar P.S. Case No.13/2021 corresponding to C.T. Case No.5727/2021 on such terms and conditions to be fixed by the learned S.D.J.M., Bhubaneswar as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall appear before the I.O. as and when directed.

7. The BLAPL is accordingly disposed of.

8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office Order circulated vide Memo No.514, dated 7th January, 2022.

( B.P. Routray) Judge B.K. Barik