Kishore Kumar Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12654 of 2022 Kishore Kumar Ray ....

Petitioner Mr.M.K. Panda, Advocate -versusState of Odisha .... Opp. Party Mr.Arupananda Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with Jagatpur P.S. Case No. 99 of 2013 corresponding to G.R. Case No. 357 of 2013 pending in the file of learned J.M.F.C. (R), Cuttack for alleged commission of offences under sections 419/420/468/471/120-B of the Indian Penal Code. The prayer for bail of the petitioner was rejected by the learned 1st Addl. Sessions Judge, Cuttack vide order dated 15.12.2022.

// 2 // Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 01.11.2022 and the liability of the petitioner as per the F.I.R. is Rs.3,00,000/- (rupees three lakhs) and the petitioner is ready and willing to deposit such amount and since the offences are triable by Magistrate, the bail application may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the amount involved in the case and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner deposit a cash security of Rs.3,00,000/- (rupees three lakhs) in the learned Court below and the same shall be kept in a fixed deposit scheme in any Nationalized Bank, which shall be renewed from time to time till conclusion of trial.

// 3 // Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo