Allowed

Sunil Kumar Tripathy v. State of Odisha

Orissa HC8 Mar 2019BLAPL/690/2019

Case brief

AI extract

What is this about?

A single judge allowed an application for bail under Section 439 CrPC in a cheating and theft case. The petitioner surrendered, refunded the cheated money, and is a student. Bail was granted with conditions prohibiting evidence tampering.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.20,000 with two sureties, subject to condition not to tamper with evidence.

Sunil Kumar Tripathy Vs State of Odisha — Cheque Dishonour | Orissa HC (2019)

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BLAPL No. 690 of 2019

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08.03.2019 Learned counsel for the petitioner files the surrender certificate of the petitioner in Court today, which is taken on record.

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Heard learned counsel for the petitioner, learned counsel for the State and the learned counsel for the informant. This is an application under Section 439, Cr.P.C. in connection with Berhampur Town P.S. Case No.253 of 2018 corresponding to G.R. Case No. 1727 of 2018 pending on the file of learned S.D.J.M., Berhampur for alleged commission of offences under sections 379, 420 of the Indian Penal Code read with sections 66-C and 66-D of the Information Technology Act, 2000.

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The petitioner moved an application for bail before the Court of learned Second Addl. Sessions Judge, Berhampur, which was rejected on 18.01.2019.

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Learned counsel for the petitioner submitted that the amount involved in the cheating is Rs.68,650/- (sixty eight thousand six hundred fifty), which has already been refunded to the informant by executing a zimanama. The petitioner is a student of Diploma Engineering, there is no chance of his absconding, the offences are triable by Magistrate and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, period of detention of the petitioner in judicial

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custody and the conduct of the petitioner in surrendering before the learned Court below at right time after availing the interim bail period, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to condition that the petitioner shall not try to tamper with the evidence.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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RKM

Sunil Kumar Tripathy v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil Kumar Tripathy v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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