The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8797 of 2024 Alok Kumar Mohanty ..... Petitioner Represented By Adv. - Partha Sarathi Nayak State Of Odisha ..... Opposite Parties -versus- Represented By Adv. – Mr. A.P. Das, ASC
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. 02. 1. 2.
Decision
ORDER 24.09.2024 This matter is taken up through Hybrid mode. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, has been filed by the Petitioner for regular bail relating to Badagad P.S. Case No.212 of 2024, corresponding to C.T. Case No.377 of 2024, pending before the learned J.M.F.C.-IV, Bhubaneswar, for alleged commission of offence punishable under Sections 420, 406, 417, 506, 323, 294 of IPC. 4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 11.08.2024. He further contended that the investigation has been completed and the final charge-sheet has been Page 1 of 4. filed on 30.08.2024. Learned counsel for the Petitioner further contended that as per allegation of the FIR, the Petitioner as well as the Informant were doing business on regular basis regarding various computer related equipment. He further contended that as per the ledger account of the present Petitioner, the Petitioner is required to pay an outstanding amount of Rs.12,00,000/- (rupees twelve lakhs) and some odd amount to the Informant. However, on perusal of the complaint, out of which the present case arises, it appears that the total outstanding amount is to the tune of Rs.31,23,193.96 (Rupees Thirty One Lakhs, Twenty Three Thousand One Hundred Ninety Three and ninety six paisa). Learned counsel for the Petitioner further contended that the Petitioner has no intention to cheat the Informant. He further contended that he was doing business with the Informant and in the process of such business transaction, goods have been sold to the Petitioner and the Petitioner was paying money in exchange to the Informant. However, in the process some amount of money has been left outstanding. He further submitted that the Petitioner is ready and willing to pay the outstanding amount, as per the Petitioner’s ledger account, to the Informant in the event, this Court grants some more time to the Petitioner to repay the outstanding amount as reflected in the ledger account of the Petitioner. It was further contended that the petitioner is having only one criminal antecedent and since the Petitioner belongs to locality, there is no chance of his absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition deemed fit by this Court which the Petitioner undertakes to abide by while on bail. 5. Learned counsel for the State on the other hand submitted that as per the allegation, a total outstanding amount of Rs.31,23,193.96 Page 2 of 4. (Rupees Thirty One Lakhs, Twenty Three Thousand One Hundred Ninety Three and ninety six paisa) is to be paid to the Informant by the Petitioner. He further contended that in course of the investigation the Investigating Officer has examined the relevant invoices and on the basis of such examination he has found that the total outstanding amount is of Rs.31,23,193.96 (Rupees Thirty One Lakhs, Twenty Three Thousand One Hundred Ninety Three and ninety six paisa) and not Rs.12,00,000/- (rupees twelve lakhs), as stated by the Petitioner. In such view of the matter, learned counsel for the State submitted that a case under Section 420 of IPC is well made out against the present Petitioner. In such view of the matter, he submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Considering the submissions made by the learned counsels appearing for the respective parties and, on careful consideration of the surrounding facts as well as materials on record, further taking note of the fact that the Petitioner and the Informant were in a business relationship and in course of such business relationship some amount of money has remained outstanding and the same is required to be paid by the present Petitioner and further keeping in view the fact that the Petitioner is ready and willing to clear the outstanding amount as shown in his ledger within a stipulated period of time, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:- i) shall not indulge in any similar criminal offence while on bail; Page 3 of 4. ii) shall not threaten or influence any of the prosecution witness; iii) shall not tamper with any prosecution evidence; iv) shall not harass, threaten or terrorize the Informant in any manner whatsoever; v) shall Violation of any of the terms and conditions shall entail cancellation of bail. 7. It is further directed that the bail granted to the Petitioner shall be subject to the Petitioner depositing a cash security of Rs.5,00,000/- (Rupees Five Lakhs) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. In addition to the above, the Petitioner shall also furnish property security to the tune of Rs.25,00,000/- (Rupees Twenty Five Lakhs). 8. The BLAPL is, accordingly, disposed of. S.K. Rout ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Sep-2024 10:30:48 Page 4 of 4.