JUSTICE v. NARASINGH Order No. ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13283 of 2023 Abhijeet Kumar Bhakat …. Petitioner Mr. D. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. J. Katikia, AGA BLAPL No. 5021 of 2023 Alok Ranjan Udgata …. Petitioner State of Odisha
Legal Reasoning
Mr. A.P. Bose, Advocate -versus- …. Opposite Party Mr. J. Katikia, AGA BLAPL No. 10753 of 2023 Manoj Kumar Mishra …. Petitioner State of Odisha Mr. D.P. Dhal, Sr. Advocate -versus- …. Opposite Party Mr. J. Katikia, AGA CORAM: JUSTICE V. NARASINGH Order No.
Decision
ORDER 01.03.2024 07. 1. Since all the BLAPLs relate to the same P.S. (CID CB Cuttack P.S. Case No.05 of 2023), on the consent of the learned Page 1 of 4 counsel for the Petitioners as well as State, they are taken up together and are disposed of by this common order. 2. Heard learned counsel, Mr. Panda for the Petitioner in BLAPL No.13283 of 2023, Mr. A.P. Bose, learned counsel for the Petitioner in BLAPL No.5021 of 2023 and Mr. D.P. Dhal, Sr. Advocate for the Petitioner in BLAPL No.10753 of 2023. 3. 4. Mr. J. Katikia, learned Additional Government Advocate. The Petitioners are accused in connection with G.R. Case No.422-A of 2023, pending on the file of the learned S.D.J.M. Balangir, arising out of CID CB Cuttack P.S. Case No.05 of 2023 for alleged commission of offences under Sections 467/468/471/34 of IPC. 5. Learned counsel, on instruction, submits that except the present BLAPL, no other bail applications of the Petitioners relating to the aforementioned P.S. case is pending in any other Court. 6. Being aggrieved by the rejection of their applications for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Balangir by orders dated 17.11.2023, 17.04.2023, 12.09.2023 respectively in the aforementioned cases, the present BLAPLs have been filed. 7. It is stated by the learned counsel that the Petitioner in BLAPL No.13283 of 2023 is in custody since 27.10.2023 and Petitioner in BLAPL No.5021 of 2023 and 10753 of 2023 are in custody since 27.03.2023. 8. The allegation against the present Petitioners are that the Petitioner in BLAPL No.10753 of 2023 (Manoj Kumar Mishra) along with the Petitioner in BLAPL No.5021 of 2023 (Alok Ranjan Udgata) were running a coaching centre in the name of “Reliance Educational Complex”. 9. It is the case of the prosecution that the involvement of the said centre came to the fore while scrutinizing application filed for the post of Grammen Dak Sevak in the Postal Department. It was found that the 10th certificates of “Board of High School and Intermediate Page 2 of 4 Education, UP/ Madhyamik Sikshya Parishad,Uttar Pradesh”, on the basis of which the candidate applied for appointment, were found to be fake. And, during course of investigation several such cases came to light and on the basis of the same, investigation was taken up. Later on investigation was taken over by CID (CB). In course of such investigation, it came to the fore that the alleged fake certificates originated from the reliance Education Complex. Since the Petitioner (Abhijeet Kumar Bhakat) in BLAPL No.13283 of 2023 was also found to be involved, he was taken into custody. 10. It is submission of the learned counsel for the Petitioners that admittedly, charge sheet in the case at hand has been filed on 20.07.2023, which is on record in BLAPL No.10753 of 2023 and after further investigation, charge sheet No.3 dated 20.02.2024 has also been filed. 11. Referring to the same, learned counsel for the Petitioners submit that since allegations are more or less based on documentary evidence and as investigation qua the Petitioners since been concluded, their further continuance in custody is not warranted. 12. Learned AGA, Mr. Katikia opposes the prayer for bail and referring to the instruction received submits that to unearth the involvement of inter and intra state ramifications investigation has been kept open under Section-173(8) of the Cr.P.C. It is further submitted that the Petitioners have enriched themselves at the expense of the innocent and gullible. Hence release of the Petitioners at this stage, when the investigation is at a crucial stage, would derail the ongoing investigation. 13. On instruction, it is stated by the learned counsel for the Petitioners that they are the first offenders and except the Petitioner (Abhjeet Kumar Bhakat) in BLAPL No.13283 of 2023 all are Page 3 of 4 ordinarily residing within the territorial jurisdiction of the Court in seisin. Hence, there is no chance of their evading the course of justice. 14. Considering the release of the co-accused, period in custody, nature of allegations, filing of final forms and in the light of the judgment of the Apex Court in the case of Satendra Kumar Antil vrs. Central Bureau of Investigation & another reported in 2022(10) SCC 51, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin. 15. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioners (Manoj Kumar Mishra and Alok Ranjan Udgata) from their respective police station and also criminal antecedent of the Petitioner (Abhijeet Kumar Bhakat) in BLAPL No.13283 of 2023 from his parent police station i.e. Jadugoda, Dist-East Singhbhum, Jharkhand. If it comes to the fore that the Petitioners have any other criminal antecedent, this order shall not be given effect to. 16. Further, it is directed that the petitioners shall cooperate with the ongoing investigation and they shall appear before the I.O. as and when summoned. In the event of non-cooperation, liberty is granted to the prosecution to take steps in accordance with law. 17. In addition thereto, it is directed that for a period of next 3 months from the date of their release the Petitioners shall appear before the concerned police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. Any violation shall entail cancellation. 18. 19. Accordingly, the BLAPLs stand disposed of. Urgent certified copy of this order be granted as per the rules. Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 04-Mar-2024 11:19:22 Soumya (V. NARASINGH) Judge Page 4 of 4