The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4585 of 2024 Akshaya Kumar Ghadai ..... Petitioner State Of Odisha -versus- ..... Represented By Adv. – Devashis Panda Opposite Party Represented By Adv. - G. Mohanty, SC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 23.12.2024 Order No. 07. 1. This matter is taken up through hybrid mode. 2. The bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Khandagiri P.S. Case No.620 of 2023 corresponding to C.T. Case No.1895 of 2023 pending in the Court of learned JMFC-V, Bhubaneswar is taken up into consideration. 3. The petitioner is in jail custody since 08.01.2024 having been implicated under Sections 420, 294 & 506 of the IPC, 1860 on the allegation alleged against him (petitioner) by the informant that, he (petitioner) has taken away Rs.97,47,000/- (rupees ninety seven lakh forty seven thousand) in between 2010 to 2018 from the informant by means of cash and account transfer assuring her (informant) for selling a piece of land, but, Page 1 of 6. after taking such huge amount of money from the informant, the petitioner did not sell any land, for which, the informant asked the petitioner for refund of her money, but he (petitioner) abused her (informant) in obscene languages and threatened her with dire consequences. When the informant requested the petitioner repeatedly for refund of her money, then, he (petitioner) gave a cheque of Rs.15,00,000/- (rupees fifteen lakh) to the informant, but the said cheque was bounced due to insufficient funds in the account of the petitioner. So, without getting any way, the informant lodged F.I.R. on dated 31.12.2023 against the petitioner before the I.I.C., Khandagiri P.S. alleging the aforesaid allegations. Basing upon such F.I.R., the IIC, Khandagiri P.S. registered Khandagiri P.S. Case No.620 of 2023 under Sections 420, 294 & 506 of the IPC, 1860 against the petitioner and started investigation. During investigation, the petitioner was brought on remand to this case on dated 08.01.2024 from Khandagiri P.S. Case No.610 of 2023 because he
Legal Reasoning
(petitioner) was arrested first on dated 27.12.2023 in Khandagiri P.S. Case No.610 of 2023 for the selfsame offences under Sections 420, 294 and 506 of the IPC, 1860 and then, after completing investigation, he (I.O.) submitted charge-sheet on dated 31.01.2024 under Page 2 of 6. Sections 420, 294 and 506 of the IPC, 1860 against the petitioner. 4.
Legal Reasoning
I have already heard from the learned counsel for the petitioner and learned Standing Counsel for the State. 5. Learned counsel for the petitioner submitted for liberal consideration of his bail contending that, the disputed matters concerning monetary transactions between petitioner and informant is purely civil in nature, but the same has been projected by the informant against the petitioner giving criminal flavour and as per prosecution story, such monetary transaction was within the year 2010 to 2018 and one cheque was given to the informant by the petitioner, but, F.I.R. has been lodged four years thereafter i.e. on dated 31.12.2023 and the petitioner is in custody since 08.01.2024 for about more than 11 months and during the staying of the petitioner inside the jail, the investigation of the case has already been completed and the attendance of the petitioner during trial of the case is not unsecured, as he is a local man, to which, learned Standing Counsel for the State vehemently objected contending that, as the petitioner has taken away huge amount of money from the informant i.e. Rs.97,47,000/- (rupees ninety seven lakh forty seven thousand) fraudulently defrauding the informant for his unlawful gain falsely assuring her to sell a piece of land and did not sell the same and as without refunding money to the informant, he Page 3 of 6. (petitioner) is giving threat to the informant with dire consequences and the petitioner is also involved in similar nature of case vide Khandagiri P.S. Case No.610 of 2023, for which, he (petitioner) should not be allowed to go on bail. 6. When the petitioner is in custody since 08.01.2024 for about more than 11 months and when during the staying of the petitioner inside the jail, the investigation of the case has already been completed due to submission of charge-sheet on dated 31.01.2024 and when there is no material in the record to show that, during investigation of the case, the petitioner has not cooperated investigation and when all the offences alleged against the petitioner are magisterial triable in nature and when the trial of the case has not been started as yet and when there is no certainty when trial of the case will be completed and when the main purpose/object of the bail is to secure the attendance of the accused during trial and when there is no material to show that, the presence of the petitioner during trial of the case cannot be secured, in case of his release on bail, then at this juncture, by applying the principles of bail in like nature of cases enunciated by the Apex Court reported in 2011(4) Crimes 323 (SC); Sanjay Chandra Vrs. CBI and 2024(4) Crimes 41 (SC); V. Senthil Balaji Vrs. The Deputy Director, Directorate of Enforcement, it is felt proper to allow the petitioner to go on bail pending trial of the case against him (petitioner) with stringent conditions looking to the Page 4 of 6. future safety and security of the informant, witnesses as well as interest of the prosecution. 7. Therefore, the bail application filed by the petitioner is allowed. 8. He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.1,00,000/-(rupees one lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :- (i) he (petitioner) shall not involve with similar nature of crime in future; (ii) he (petitioner) shall appear before I.I.C., Khandagiri P.S. on 2nd and last Sunday once during day time hence till end of March, 2025 giving a report to the I.I.C that, he is not involved in any other case during the period of his bail and he is not interfering in any manner with the prosecution case. (iii) he shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and her family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case till the conclusion of its trial; (iv) he shall appear before the Trial Court personally in each date of adjournment of the case without fail till the conclusion of trial; but in case of his failure to comply any of the aforesaid Page 5 of 6. conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court. 9. Accordingly, the bail application of the petitioner is disposed of finally with a copy to the IIC, Khandagiri P.S. for his information and report before the Court in seisin over the matter, in case of violation of any of the conditions by the petitioner. 10. Grant certified copy of this order to the petitioner on proper application. Utkalika (ANANDA CHANDRA BEHERA) Judge Page 6 of 6. Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Dec-2024 18:03:14