Kabita Singh v. State of Odisha

Mr. B.P. Nayak, APP Order No. 02. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 11.12.2024

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khunta PS Case No.260 of 2024 corresponding to CT Case No.787 of 2024 pending in the file of learned SDJM, Udala, for commission of offences punishable under Sections 316(2)/318(4)/351(2)/351(3)/3(5) of BNS, on the allegation of collecting money from different people to supply vehicles and in the process, siphoned away around Rs.3 Crores along with her co- accused husband by not supplying any vehicle to any of the depositors.

Heard, Mr. Anupam Dash, learned counsel for the petitioner and Mr. B.P. Nayak, learned Additional Public Prosecutor in the present matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-(cid:224)-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 16.08.2024 with submission of charge-sheet in the meanwhile and taking into account the status of the petitioner as a lady and the first proviso appended to Section 480 of BNSS and keeping in view the other circumstance on record in entirety including the law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773, this Court without expressing any opinion on merits of the case admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioner fails without sufficient cause appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and (iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving her present address of stay. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. The present order may not constitute as a precedent for grant of bail to the co-accused persons. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per

Rules. (G. Satapathy) Judge Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-Dec-2024 15:44:23