Bishal Bhanja @ Nayak State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1420 of 2024 Bishal Bhanja @ Nayak State of Odisha ….. Vs. ….. Petitioner Mr. Manas Ranjan Dhal, Advocate Opp. Party Mr. G.N. Rout, ASC CORAM: JUSTICE SAVITRI RATHO Order No. 01.
Decision
ORDER 23.05.2024 (Through hybrid mode) 1. This is the second application of the petitioner under Section 439 of Cr.P.C. in connection with Dargha Bazar P.S. Case No. 90 of 2023 corresponding to G.R. Case No. 474 of 2023 pending in the Court of the learned J.M.F.C.-II (Cog Taking), Cuttack where preliminary chargesheet dated 30.12.2023 for commission of offences punishable under Sections 419, 420, 467, 468, 471, 34 of IPC against the present petitioner and co-accused persons namely Sanjay Kumar Nayak, Manas Ranjan Nayak, Srinibas Nanda, Dipalika Mohanty has been submitted, keeping investigation open. 2. BLAPL No. 11392 of 2023 filed by the petitioner earlier had been disposed of on 21.12.2023 granting him liberty to approach the learned court below for bail afresh after completion of the investigation. Page 1 of 5 3. Thereafter he moved the learned court below for bail and his prayer for bail has been rejected on 15.02.2024 by the learned 2nd Additional Sessions Judge, Cuttack in BLAPL No. 180 of 2024. 4. The prosecution allegation in brief is that the informant Raj Kishore Mishra had come into contact with co-accused Sanjay Kumar Nayak and his wife co-accused Dipalika Mohanty 2 to 3 years back. They had introduced themselves as the employees of Orissa Thermal Power Plant Corporation (in short “OTPCL”) and stated that Sanjay Kumar Nayak was holding the position of Manager (HR) in the said and Dipalika Mohanty was working as a clerk in OTPCL and they could arrange jobs for his relatives in OTPCL and also engage the JCB machine of his brother in OTPCL. Co-accused Sanjay Kumar Nayak had taken Rs. 53,00,000/- from the petitioner and other job aspirants and Rs.10,00,000/- has been paid through bank transaction and Rs.43,00,000/- by cash to him to Dipalika Mohanty and to the present petitioner. After one year, no appointment letter was received not the JCB machine was engaged and co-accused Sanjay Kumar Nayak and Dipalika Mohanty have switch off their mobiles and the informant became suspicious and lodged the FIR against Sanjay Kumar Nayak on 06.05.2023. On Page 2 of 5 02.09.2023 when the police conducted raid in the house of accused Sanjay Kumar Nayak in Matha Sahi, Tulasipur, Cuttack, Sanjay Kumar Nayak, the petitioner along with other co-accused persons were found present in his house. As fake I.D. cards, fake agreement papers, fake attendance sheets, fake biometric and some fake currency notes recovered from their possession. Witnesses have stated that along with co-accused Sanjay Kumar Nayak and Dipalika Mohanty, the petitioner had also assured them of jobs and accompanied them to Talcher to inspire confidence in them. 5. Mr. M.R. Dhal, learned counsel for the petitioner submits that the petitioner is a young man aged about 20 years and is a student of +3 Commerce. He is in custody since 04.09.2023 and is being exposed to hardened criminals in jail. Investigation so far as he is concerned has been completed. He submits that although it is stated that he has only one criminal antecedent namely Tirtol P.S. Case No. 400 of 2023, that case has been registered after the present case and he has been granted bail in that case. He further submits that the petitioner is not the son of main accused Sanjay Kumar Nayak and there is no allegation against him that he has made any offer to the informant and his brother or has received any money from the witnesses or the informant. He finally submits that co-accused Page 3 of 5 persons Bibhuti Jena in BLAPL No. 10873 of 2023, co-accused Srinibas Nanda in BLAPL No. 10874 of 2023 and Manas Ranjan Nayak @ Manas Nayak in BLAPL No. 10961 of 2023 against whom similar allegations have been made, have been granted bail. 6. Mr. G.N. Rout, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner has one criminal antecedent of similar nature and he had played a vital role to convince the victim and co-accused who have been released on bail stand on a different footing and investigation is still pending. 7. Considering the nature of allegations against the petitioner, his age, even though he has one criminal antecedent, as investigation so far he is concerned is over and there is no allegation that he has received any money, I am inclined to allow his prayer for bail. 8. The petitioner- Bishal Bhanja @ Nayak shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification of his criminal antecedents, including the following conditions : (i) He will co-operate with the investigation and report before the IIC, Dargha Bazar Police Station as and when required for the purpose of investigation. (ii) He will not indulge in any criminal activity while on bail. Page 4 of 5 (iii) He will not tamper with evidence or try to influence prosecution witnesses while on bail. (iv) He will provide his active mobile number and residential address to the Court which shall be verified by the I.O. before he is released. Any change will be intimated to the I.O. 9. Violation of any condition will entail in cancellation of bail/ recall of this order. 10. The BLAPL is accordingly disposed of. 11. It is open to the prosecution to apply for cancellation of bail or recall of this order, if any other incriminating material is unearthed against the petitioner. 12. Urgent certified copy of this order be granted on proper application. 13. Copy of this order be supplied to Mr. G.N. Rout, learned Additional Standing Counsel for onward transmission to the IIC, Dargha Bazar Police Station. puspa (Savitri Ratho) Vacation Judge Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 24-May-2024 18:34:25 Page 5 of 5