Hirak Kumar Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11518 of 2022 Hirak Kumar Parida ....

Petitioner Mr. S. Dash, Advocate -Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 19.12.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 23.07.2022 in connection with NALCO Town P.S. Case No. 175 of 2022 corresponding to G.R. Case No. 1122 of 2022 pending in the Court of learned S.D.J.M., Angul for the alleged commission of offence under Section 420 of IPC.

4.

It is alleged that the petitioner induced the informant to pay a huge amount of money, i.e. Rs. 36,00,000/- on the pretext of allotting a medical seat in any of the medical colleges in the year, 2007. Out of the said amount a sum of Rs.29,00,000/- was paid through bank transaction and remaining Rs.7,00,000/- is said to have been paid in cash. It is alleged that despite receipt of such huge amount of money, the petitioner did not honour his

commitment of arranging a seat in the medical college. After lodging of the FIR the petitioner has returned a sum of Rs.4,00,000/- to the informant and issued six cheques but the same were dishonored.

5.

Having regard to the fact that investigation has already been concluded I find no justified reason to keep the petitioner in custody any longer. I am thus inclined to allow the prayer for bail. 6.

Let the petitioner 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 he shall deposit a sum of Rs.15,00,000/- in the shape of short term fixed deposit in any Nationalized Bank being pledged to the Court. Such deposit shall be without prejudice to the rival claims.

7.

The BLAPL is accordingly disposed of.

8.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu