Allowed

Rasika Nag v. State of Orissa

Orissa HC12 Dec 2019ABLAPL/11602/2019

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to the petitioner in a cheating and forgery case involving alleged unauthorized bank payout, directing the deposit of Rs. 25,000 in a fixed deposit account with the implicated bank as a condition of release.

What did the court decide?

Petitioner released on pre-arrest bail upon deposit of Rs. 25,000 in a fixed deposit account in the Axis Bank branch involved in the transaction, subject to final trial order.

Rasika Nag Vs State of Orissa — Cheating and Forgery | Orissa HC (2019)

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ABLAPL No.11602 of 2019

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12.12.2019 Mr.Manoj Kumar Routray, learned counsel and his associates entered appearance on behalf of the Axis bank and filed Vakalatnama. The same be kept on record.

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Heard learned counsel for the petitioner and learned counsel for the State, so also learned counsel for the bank. The petitioner apprehending his arrest in Dunguripali P.S. Case No.85 of 2019, corresponding to GR Case No.112 of 2019 pending in the court of learned JMFC, S.Rampur registered for alleged commission of offences punishable under Sections 468/406/420 of the I.P.C. has filed this petition for his release on pre-arrest bail.

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The allegation against the petitioner is that he has availed an amount of the Government of Rs.26,771/- as a farmer with regard to crop loss due to hail storm though he is not entitled to the same.

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Pursuant to the direction of this Court, the Branch Manager of Axis Bank, Sonepur as well as the petitioner are personally present in Court today. The petitioner states that he has never availed of the aforesaid amount and the same has been taken by someone, inasmuch as, he has opened no account in the said bank. But, the account-opening form produced by the Branch Manager of the bank was

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RKS

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verified by this Court wherein the photograph of the petitioner is there and the signature made therein is of the petitioner.

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It appears that the amount has been paid to the petitioner through bank and messages therein have also been sent to him through the phone number of his when the withdrawal is made, still the petitioner made no grievance and the grievance of the petitioner that he had not opened any account nor received the amount. Hence, this case has been foisted against him falsely, appears to be without any substance.

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Accordingly, the petitioner is directed to deposit an amount of Rs.3000/- (Rupees three thousand) before the District Legal Services Authority, Sonepur within fifteen days hence as for his assertion, that he has no account and no account was opened in his name and a case was falsely foisted, this Court directed the Branch Manager to remain present before this Court with the account-opening form.

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However, considering the facts and submissions made, it is further directed that if the petitioner deposits the amount of Rs. 25,000/- (Rupees twentyfive thousand) in the shape of fixed-deposit account in the Axis bank of Sonepur Branch in his name and produced before the I.O., he shall be released on prearrest bail by the officer effecting arrest on such terms and conditions as deemed just and proper.

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It is made clear that the said amount shall be disbursed subject to the final order to be passed by the said court on conclusion of the trial or the case may be and till then, the aforesaid account be freezed by the I.O.

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With the aforesaid order, the ABLAPL stands disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………… S.Pujahari, J.

Rasika Nag v. State of Orissa

Case brief

What is this about?

What did the court decide?

Rasika Nag v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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