Sanjaya Kumar Nayak State of Odisha Dipalika Mohanty State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 11670 of 2024 Sanjaya Kumar Nayak State of Odisha Dipalika Mohanty State of Odisha ….. Vs. ….. Petitioner Mr. Manas Ranjan Dhal, Advocate Opp. Party Ms. Siva Mohanty, A.S.C. BLAPL No. 10682 of 2024 ….. Vs. ….. Petitioner Mr. Ramdas Achary, Advocate Opp. Party Ms. Siva Mohanty, A.S.C. CORAM: JUSTICE SAVITRI RATHO Order No. 05.
Decision
ORDER 05.03.2025 (Through hybrid mode) These are the successive applications of the petitioners under Section 439 of the 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. (UTP), Cuttack under Sections 419, 420, 467, 468, 471, 34 of IPC. EARLIER APPLICATIONS SANJAY KUMAR NAYAK 2. BLAPL No. 11622 of 2023 filed earlier by the petitioner- Sanjaya Kumar Nayak had been dismissed on 13.12.2023 granting Page 1 of 8 liberty him to move the learned Court below for bail afresh after completion of investigation. BLAPL No. 1209 of 2024 filed earlier by the petitioner- Sanjaya Kumar Nayak had been dismissed on 23.05.2024 granting liberty him to move the learned court below for bail afresh after he is granted bail in all the cases in which he is remanded and after completion of investigation or in case there is undue delay in completion of investigation. DIPALIKA MOHANTY BLAPL No. 11394 of 2023 filed earlier by the petitioner Dipalika Mohanty had been dismissed on 20.12.2023 granting liberty to her to approach the learned Court below for bail afresh after completion of the investigation. 3. Thereafter, the petitioner- Sanjaya Kumar Nayak had moved the learned Court below for bail and his prayer has been rejected by the learned 2nd Additional Sessions Judge, Cuttack on 12.11.2024. The petitioner- Dipalika Mohanty had moved the learned Court below for bail and her prayer has been rejected by the learned 2nd Additional Sessions Judge, Cuttack on 25.09.2024. PROSECUTION ALLEGATIONS 4. The prosecution allegations in brief are that the informant-Raj Kishore Mishra had come into contact with accused Sanjay Kumar Page 2 of 8 Nayak and his wife-accused Dipalika Mohanty 2-3 years back. They introduced themselves as employees of Odisha Thermal Power Corporation Limited (in short “OTPCL”) and stated that they could arrange jobs for the relatives of the informant in OTPCL and also engage the JCB machine of his brother Raj Ratan Mishra in OTPCL. For this purpose, Sanjay Kumar Nayak had taken Rs.53,00,000/- from the petitioner. Rs.10,00,000/- through bank transaction and Rs.43,00,000/- through cash paid to him, Dipalika Mohanty and his son Vishal Nayak. When after one year, no appointment letter was received and the informant found that Sanjay Kumar Nayak and Dipalika Mohanty had switched off their phones, he lodged F.I.R. and the case was registered against the petitioners on 06.05.2023 under Sections 419/420 of IPC. When the Police conducted raid in the house of the petitioner- Sanjay Kumar Nayak in Mathasahi, Tulasipur, Cuttack, along with him, other co-accused were present with incriminating documents like fake IDs, fake appointment letters, fake attendance sheets and fake joining reports. SUBMISSIONS 5. I have heard Mr. Manas Ranjan Dhal, learned counsel for the petitioner- Sanjaya Kumar Nayak in BLAPL No. 11670 of 2024 and Mr. Ramdas Achary, learned counsel for the petitioner- Dipalika Mohanty in BLAPL No. 10682 of 2024 and Ms. Siva Mohanty, learned Page 3 of 8 Additional Standing Counsel for the State. 6. Learned counsel for the petitioners submitted that the petitioners are in custody since 02.09.2023/03.09.2023 and the trial has started in the meanwhile. They further submitted that although the allegation is that the informant has paid an amount of Rs.53 lakhs to the petitioner Sanjaya Kumar Nayak, but only Rs.10 lakhs has been paid through Bank transaction and the said amount has also been returned by petitioner Sanjaya Kumar Nayak to the account of the brother Raj Ratna Mishra brother of the informant. Mr. Manas Ranjan Dhal, learned counsel for the petitioner Sanjaya Kumar Nayak submitted that from the cross-examination of P.W.4, Rajkishore Mishra, the informant it would be apparent that the amount had been paid to the petitioner-Sanjaya Kumar Nayak towards purchase of products of Divyanshi Bengal cosmetic shop. Both the counsel submitted that as the offences are triable by a Magistrate and the petitioners are in custody since almost one and half years, they may be released on bail and that the petitioners shall abide with any condition which may be imposed for releasing them on bail and they shall remain personally present in Court on each date of trial and co-operate for expeditious completion of the trial. They further submitted that in view of the nature of allegations that the informant has paid money to the petitioners for arranging jobs, the petitioners should be granted bail. Page 4 of 8 CRIMINAL ANTECEDENTS 7. Mr. Manas Ranjan Dhal, learned counsel for the petitioner- Sanjaya Kumar Nayak in BLAPL No. 11670 of 2024 submitted that the petitioner has six criminal antecedents of similar nature, but has been granted bail in all the six cases. The cases are as under :- “(i) Tirtol P.S. Case No.400 of 2023 under Sections 406, 417, 419, 420, 471 and 34 of I.P.C. corresponding to G.R. Case No.453 of 2023, pending in the Court of learned J.M.F.C., Tirtol. (ii) NALCO P.S. Case No.166 of 2022, under Sections 420, 506, 34 of I.P.C. corresponding to G.R. Case No.737 of 2022, pending in the court of the learned J.M.F.C., Banarpal. (iii) Krushnanandapur P.S. Case No.65 of 2023, under Sections 419, 420, 467, 468, 471, 34 of I.P.C. corresponding to G.R. Case No.461 of 2023, pending in the court of learned J.M.F.C., Tirtol. (iv) Kudanagari P.S. Case No.320 of 2023, dtd.04.09.2023 under Sections 468, 420, 34 of I.P.C. as indicated by the State Counsel. In the said case till date the petitioner was not remanded by the competent court. (v) Kendrapara Sadar P.S. Case No.747 of 2023, U/s.420/34 of I.P.C., in the said case till date the petitioner was not Page 5 of 8 remanded by the competent court. (vi) Dhenkanal Town P.S. Case No.100 of 2016, U/s.420/ 468/471/406/34 of I.P.C. R/w. Section 66(D) of I.T. Act.” Mr. Ramdas Achary, learned counsel for the petitioner- Dipalika Mohanty in BLAPL No. 10682 of 2024 submitted that she has one criminal antecedent and she has been granted bail in the said case. 8. Ms. Siva Mohanty, learned Additional Standing Counsel for the State opposed the prayer for bail stating that the case diary reveals that the petitioners have cheated the informant and others of a huge amount giving them the assurance of securing jobs for them, for which they do not deserve to be released on bail. They may abscond and/or tamper with evidence if they are released on bail. She further submitted that petitioner Sanjaya Kumar Nayak has six similar criminal antecedents and petitioner Dipalika Mohanty has one similar criminal antecedent, so they do not deserve to be released on bail. 9. Perused the report dated 19.12.2024 of the learned J.M.F.C, Cuttack (UTP Court) where she has stated that the case was posted to 11.12.2024 for recording evidence. But since the Presiding Officer was on Casual Leave on the said date the case was posted on 17.12.2024. On that date, witness Rajnikanta Mishra has been examined, cross- examined and discharged. On 19.12.2024 the witness Rajkishore Mishra (informant) has been examined, cross-examined and discharged Page 6 of 8 and thereafter the case was posted to 24.12.2024 for evidence and summons have been issued to the other charge sheet witnesses to adduce the evidence on the same date. The depositions of the witnesses already examined have been enclosed along with the report. ANALYSIS AND CONCLUSION 10. As per the allegations, the petitioners had demanded money for securing jobs. Neither payment of money for securing a job nor acceptance of money for securing a job are legal. In a number of decisions relating to Section – 138 of the Negotiable Instruments Act, the conviction of the accused has been set aside holding that payment of bribe for securing job which is an unlawful act, cannot be held to be a legally enforceable debt. 11. Be that as it may, considering the nature of allegations against the petitioners, the punishment prescribed for the offences they are facing trial for, the period spent by them in custody and as there seems to be no apprehension that they will abscond, I am inclined to allow the prayers for bail. 12. The petitioners- Sanjaya Kumar Nayak (in BLAPL No. 11670 of 2024) and Dipalika Mohanty (in BLAPL No. 10682 of 2024), shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, as well as the following conditions: Page 7 of 8 (i) The petitioners shall not tamper with prosecution evidence or try to influence or threaten witnesses. (ii) The petitioners shall not indulge in any criminal activity. (iii) They will remain personally present in the learned trial court, on each date. (iv) They will report before the I.I.C., Dargha Bazar Police Station once in a month preferably on the first Sunday between 10.00 a.m. to 11.00 a.m., till conclusion of trial. (v) They shall not leave the State of Odisha without prior permission of the learned trial Court. 13. Violation of any condition will entail in recall of this order / cancellation of bail. 14. Observations in this order should not influence the learned trial Court as they have been made for the sole purpose of deciding the applications for bail. 15. A copy of this order be supplied to Ms. Sarita Maharana, learned Additional Standing Counsel for onward transmission to the I.I.C., Dargha Bazar Police Station. 16. 17. The BLAPLs are accordingly disposed of. Urgent certified copy of this order be granted on proper application. Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Mar-2025 20:34:01 (Savitri Ratho) Judge Page 8 of 8