Chandra Kanta Tandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15595 of 2022 Chandra Kanta Tandi ....

Petitioner Mr.Jnyanananda Panda, Advocate -versusState of Odisha ....

Opposite Party Mr.P.K.Rout, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

20.12.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

On oral prayer of the learned counsel for the Petitioner, he is permitted to add the informant as Opposite Party No.2 in Court today. Necessary correction be carried out in the cause title. 3.

Heard learned counsel for the Petitioner, learned Addl. Government Advocate for the State. Perused the records. 4.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 420, 294,506 of the Indian Penal Code. 5.

On perusal of the FI.R., it appears that the cheated amount of money is Rs.1,89,000/-. Learned counsel for the Petitioner submits that his client is ready and willing to return the money, provided he is granted some time. In such view of the matter, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for

// 2 // bail before the learned J.M.F.C., M.Rampur in C.T. Case No.488 of 2022 Corresponding to Narla P.S.Case No.221 of 2022 within a period of three weeks from today, he shall be released on bail subject to the condition that the Petitioner shall refund a sum of Rs.1,89,000/- (Rupees One Lakh Eighty Nine) within three months from the date of release on bail and to that effect he shall also file an undertaking before the court in seisin over the matter at the time of release on bail and other terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS