Prayers for bail were granted to the petitioner charged with cheating and forgery. The court found insufficient materials against him apart from recovered fake IDs. He is released on bail with terms to cooperate with investigation.
Petitioner released on bail on terms and conditions by the Court below, specifically reporting to the IIC every Monday.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10873 of 2023
Bibhuti Jena ….. Petitioner Mr. D.P. Nanda, Senior Advocate assisted by Mr. L.N. Rayatsingh, Advocate Vs.
State of Odisha
….. Opposite Party Ms. S. Mishra, ASC
CORAM:
JUSTICE SAVITRI RATHO
Order No.
05.
ORDER 13.12.2023
(Through hybrid mode)
1. The appearance memo of Mr. D.P. Nanda, learned Senior Advocate on behalf of the petitioner is taken on record.
2. This application under Section 439 of Cr.P.C. has been filed in connection with Dargha Bazar P.S. Case No. 90 of 2023 corresponding to G.R. Case No. 474 of 2023 pending in the court of the learned J.M.F.C.-II, Cuttack, registered under Sections 419, 420, 467, 468, 471, 34 of IPC against co-accused Sanjay Kumar Nayak, co-accused Manas Ranjan Nayak, Srinibas Nanda, Dipalika Mohanty and Bishal Bhanja @ Nayak.
3. The prayers for bail of the petitioner in BLAPL No. 1137 of 2023 and co-accused Manas Ranjan Nayak in BLAPL No.1134 of 2023, coaccused Srinibas Nanda in BLAPL No.1138 of 2023, co-accused Dipalika Mohanty in BLAPL No.1146 of 2023 and co-accused Bishal Bhanja @
Nayak in BLAPL No.1147 of 2023 have been rejected by a common order dated 18.08.2023 passed by the learned Sessions Judge, Cuttack.
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4. The prosecution allegation in brief against the petitioner is that the informant-Raj Kishore Mishra had come into contact with accused Sanjay Kumar Nayak and his wife-accused Dipalika Mohanty 2-3 years back. They introduced themselves as employees of Orissa Thermal Power Plant Corporation (in short “OTPCL”) and stated that they could arrange jobs for the relatives of the petitioner in OTPCL and also engage one JCB machine of his brother Raj Ratan Mishra in OTPCL. For this purpose, Sanjay Kumar Nayak had taken Rs.53,00,000/- from the petitioner-Rs.10,00,000/through bank transaction and Rs.43,00,000/- by cash paid to him, his wife Dipalika Mohanty and son Vishal Nayak. When after one year, no appointment letter was recovered nor the JCB machine was engaged, and Sanjay Kumar Nayak and Dipalika Mohanty had switched off their phones, the informant lodged F.I.R. and case was registered against co-accused Sanjay Kumar Nayak on 06.05.2023 under Section 419/420 of IPC. When the Police conducted raid in the house of accused Sanjay Kumar Nayak in Mathasahi, Tulasipur, Cuttack Sanjay Kumar Nayak, the petitioner along with other co-accused persons were present along with incriminating documents like fake IDs, fake appointment letters, fake attendance sheets, fake work orders and fake joining report. One fake ID of OTPCL and some fake appointment letters, attendance sheets were found in possession of the petitioner. He was arrested with the co-accused persons and forwarded in custody.
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5. Mr. D.P. Nanda, learned Senior Advocate appearing on behalf of the petitioner submits that petitioner is in custody since 04.09.2023 and he does not have any criminal antecedents. Other than the alleged recovery of the fake Identity Card, work order and appointment letters, there is no incriminating materials against the petitioner who works as a Security Guard in a private company. There is no allegation that he has made any offer to the informant or his brother or received any money from them. He
has no connection with the offers given by the accused Sanjay Kumar Nayak to the informant.
6. Ms. S. Mishra, learned Additional Standing Counsel submits that the petitioner was found in the house of the main accused Sanjay Kumar Nayak and a fake ID of OTPCL and some fake appointment letters have been seized from his custody which shows his complicity in the crime. He further submits that investigation is in progress and the money paid to Sanjay Kumar Nayak has not yet been recovered and the petitioner may be involved in similar other cases.
7. Considering the fact that there is no other material against the petitioner other than the recovery of fake Identity Card, attendance sheet and fake appointment letters and the submission that he has no criminal antecedents, I am inclined to allow the prayer for bail.
8. The petitioner- Bibhuti Jena shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over
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the matter, after verification of his criminal antecedents from all Districts in
Odisha, including the following conditions :
(i) He will co-operate with the investigation and report before the IIC, Dargha Bazar Police Station, once every Monday between 10.00 a.m. to 12.00 noon, till completion of investigation.
(ii) He will not indulge in any criminal activity while on bail.
(iii) He will not tamper with evidence or try to influence prosecution witnesses while on bail.
9. Violation of any condition will entail in cancellation of bail/ recall of
this order.
10. The BLAPL is accordingly disposed of.
11. It is open to the prosecution to apply for cancellation of bail or recall
of this order, if any other incriminating material is unearthed against the petitioner.
12. Urgent certified copy of this order be granted on proper application.
13. Copy of this order be supplied to Ms. S. Mishra, learned Additional
Standing Counsel for onward transmission to the IIC, Dargha Bazar Police Station.
(Savitri Ratho)
Signature Not Verified Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant puspa Reason: Authentication Location: Orissa High Court Date: 18-Dec-2023 19:45:53
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1 issue framed by the court
Whether bail should be granted to the petitioner charged with cheating and forgery when the only incriminating material is fake documents recovered from his possession and he has no criminal anteceden
2 provisions across 2 enactments
Bibhuti Jena
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
