Allowed

Bijay Kumar Kamani v. State of Odisha

Orissa HC10 Mar 2021BLAPL/410/2021

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court granted bail to the petitioner granted bail to Bijay Kumar Kamani, who was in judicial custody, for offences under Sections 420, 294, and 506 IPC and other acts. The court emphasized no chance of absconding and allowed him to cooperate with the ongoing investigation.

What did the court decide?

Petitioner released on bail with Rs. 50,000 bond and two solvers for the same amount, on conditions of appearance and cooperation with investigation.

Bijay Kumar Kamani Vs State of Odisha — Cheating and Forgery | Orissa HC (2021)

¶1

BLAPL No.410 of 2021

¶2

Bijay Kumar Kamani … Petitioner -Versus-

¶3

State of Odisha

¶4

... Opp. party

¶5

10.03.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

¶6

Heard learned counsel for the petitioner and learned counsel for the State.

¶7

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.1533 of 2020 arising out of Darghabazar P.S. Case No.131 of 2020 pending in the Court of learned S.D.J.M., Sadar, Cuttack for offences punishable under sections 420/294/506 of the Indian Penal Code read with section 3 of the Odisha Prevention of Gambling Act and sections 3/4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

¶8

The petitioner moved an application for bail before the Court of learned 1^st Additional Sessions Judge, Cuttack which was rejected on 13.01.2021.

¶9

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 17.12.2020 and charge sheet has been submitted under sections 420/294/506 of the Indian Penal Code read with section 3 of the Odisha Prevention of Gambling Act and sections 3/4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and the

¶10

offences are triable by Magistrate and there is no chance of absconding and on hearing the learned counsel for the State that the investigation has been kept open, I am inclined to release the petitioner on bail.

¶11

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to condition that the petitioner shall appear before the Investigating Officer as and when required during course of further investigation and shall cooperate with the investigation and shall not tamper with the evidence.

¶12

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

¶13

The BLAPL is accordingly disposed of.

¶14

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

¶15

…………………..……

¶16

S.K. Sahoo, J.

¶17

RKM

Bijay Kumar Kamani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijay Kumar Kamani v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dolagobinda Das Vs State of Odisha

Arjun Majhi Vs State of Odisha

Bikram Harijan @ Hial Vs State of Odisha

Bhagabat Prasad Mishra @ Jitu Mishra Vs State of Odisha

Bitu @ Debesh @ Devesh Joshi Vs State of Odisha

Jhinka @ Ganeswar Sahu Vs State of Odisha