Dipankar Haldar v. State of Odisha

Mr. A. Pradhan, APP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 23.12.2024 Order No.

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 Malkangiri PS Case No.388 of 2024 corresponding to GR Case No.480 of 2024 pending in the file of learned SDJM, Malkangiri, for commission of offences punishable under Sections 419/420/506/34 of IPC, on the allegation of cheating the informant for a sum of Rs.11 Lakhs on the pretext of providing a job.

Heard, Mr. M. Nandy, learned counsel for the petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the present matter and perused the record. The bail application of the petitioner is resisted on the ground of criminal antecedent of the petitioner.

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 20.11.2024 and keeping in view the progress of investigation in this case, as also the law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau Investigation; (2021) 10 SCC 773 and no conviction of the petitioner having been brought to the notice of the Court and last but not the least, following the well-recognized principle of “bail is the rule, but jail is the exception” and taking into account the release of co-accused person Manoj Sutar on bail in BLAPL No.11876 of 2024, this Court without expressing any view, 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 cash surety of Rs.25,000/- (Rupees Twenty-five Thousand), in addition to 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 his 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, (iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. 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. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per

Rules. (G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 24-Dec-2024 12:43:58