The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10411 of 2023 1.Amit Kumar Shaw 2.Dasrath Mourya State of Odisha … vs. ... Petitioners Mr.Samarendra Bahadur, Advocate Opposite Party Mr.S.S.Pradhan, AGA Order No. 04. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 30.11.2023 (Through hybrid mode) 1. This application under Section 439 of Cr.P.C. has been filed in connection with Badmal P.S. Case No.198 of 2023 corresponding to C.T. Case No.663 of 2023, pending in the file of the learned J.M.F.C.-1 (Cog. Taking), Jharsuguda where charge sheet dated 22.09.2023 has been submitted against the petitioners and one Dipak Kumar Jaiswal under Sections 120-B, 407, 413, 414 of IPC keeping the investigation open as the criminal antecedents of the petitioners had not been received from the concerned Police Station and the stolen aluminum and the involved truck have not been recovered and some important evidence remained to be collected. 2. The prayer for bail of the petitioners had been rejected by order dated 01.09.2023 passed by the learned ADJ-cum-PO, Special Court, POCSO, Jharsuguda. 3. The prosecution allegation in brief is that on 30.06.2023 a truck bearing Registration No.WB-29A-6308 was loaded with 21.708 tonnes of allunium rod with UTS 103-138 of the value of Rs.46,28,067.39/- from Vedanta Alluminium Ltd. Jharsuguda to be delivered to Premier Page 1 of 4 Wires Pvt. Ltd. Birat Nagar, Nepal. Since the said truck did not reach the destination in time and the mobile number of the driver was switched off, the informant, Birendra Kumar Ram representative of Surakhit Paribahan Transport Company based at Delhi and resident of north-24 Pragana, West Bengal filed a complaint against Subrat Das, driver of the truck, Narayan Das owner of the truck, Ritesh Singh supplier of the truck and Sabita Singh, wife of Ritesh Singh. The complaint was sent to the Badmal Police Station under Section 156 (3) of Cr.P.C. and P.S. Case No.198 of 2023 was registered on 22.07.2023. The investigation reveals that when the truck went missing, the petitioner and co-accused, Dipak Kumar Jaiswal were constantly in touch with the truck owner, Narayan Das, driver- Subrat Das, broker and transporter- Ritesh Singh, co-accused- Manish Agarwal, Md. Kalam and others as per the information provided by the Cybercrime P.S., Jharsuguda for which the petitioners were arrested. They confessed before the police that in connivance with Subrat Das, the driver, Narayan Das, the owner of the truck and Ritesh Singh, broker they have sold the articles to Manish Agarwal, the owner of the factory, i.e., L.R.V and Sons Private Ltd based at Kolkata. 4. Mr.Samarendra Bahadur, learned counsel for the petitioners submits that except for the alleged CDR records that the petitioners were in touch with the other accused persons and their own confession before the police, there is no other material to connect the petitioners with the crime. He further submits that Manish Agarwal, co-accused has been released on bail pursuant to order dated 26.09.2023 passed by this Court in ABLAPL No.8523 of 2023 and the petitioners are in custody since 26.07.2023. As investigation has been completed so far as they are concerned, they should be released on bail especially when the offences alleged against them are triable by a Magistrate, First Class. He further submits that the petitioners do not have any criminal Page 2 of 4 antecedents and affidavits to that effect has been filed by the wife of the petitioner No.2-Dasrath Mourya and wife of petitioner No.1-Amit Kumar Shaw. 5. Mr.S.S.Pradhan, learned Addl. Government Advocate opposes the prayer for bail stating that the petitioners alongwith driver and owner of the truck and the broker and distributor, Ritesh Singh have misappropriated goods of the value of Rs.46,28,000.67/- and as the investigation is yet to be completed and other materials are to be collected, they should not be released on bail. He also submits that Manish Agarwal has been released on bail keeping in view that the alleged articles have been seized and recovered. But this is not based on any material as neither the truck nor the seized articles have been recovered so far. He further submits that Manish Agarwal has been directed to be released on bail on depositing cash security of Rs.25,000/- and direction to cooperate with investigation and appear before the I.O. as and when required. He also submits that the criminal antecedents of the petitioners are yet to be verified. 6. Considering the period of detention of the petitioners, the nature of materials collected against them and the absence of criminal antecedents, I am inclined to allow the prayer for bail. 7. The petitioners-Amit Kumar Shaw and Dasrath Mourya 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 their criminal antecedents in Odisha and West Bengal, including the following stringent conditions : (i) They will cooperate with the investigation and appear in the Badmal Police Station as and when required. (ii) They will not indulge in any criminal activity while on bail. Page 3 of 4 (iii) They will not threaten or try to influence prosecution witnesses while on bail. (iv) They will furnish their mobile numbers, copy of Aadhaar Cards and permanent address in West Bengal to the Court, which shall be verified by the police before they are released on bail. (v) They will remain present on each date fixed for trial subject to any order passed by the learned trial Court passed under Section 317 Crl.P.C. (vi) They shall not leave Odisha without prior permission of the learned trial Court, once trial commences. (vii) Petitioner No.1 will report before the Burtola Police Station and petitioner No.2 will report before the Maniktala Police Station in Kolkata once in a week preferably on Sunday between 3.00 p.m. to 5.00 p.m. till conclusion of trial. Violation of any condition will entail in cancellation of bail. The BLAPL is accordingly disposed of. 8. 9. 10. Urgent certified copy of this order be granted on proper application. 11. A copy of this order be supplied to Mr.S.S.Pradhan, learned Addl. Govt. Advocate for onward transmission to the IIC, Badmal Police Station and the Officer-in-Charge, Maniktala Police Station. Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 07-Dec-2023 21:42:42 ………………………... (SAVITRI RATHO) JUDGE Page 4 of 4