Allowed

Mani @ Diptikanta Prusty v. State of Odisha

Orissa HC13 May 2024BLAPL/1156/2024

Case brief

AI extract

What is this about?

High Court allowed bail application of petitioner accused of cheating and forgery, directing release on furnishing bond with sureties and undertaking fortnightly police reporting.

What did the court decide?

Release on bail on furnishing bond of Rs.40,000 with two sureties and undertaking fortnightly police reporting for three months.

Mani @ Diptikanta Prusty Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1156 of 2024

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Mani @ Diptikanta Prusty

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..... Petitioner Represented By Adv. – Mr. Puspamitra Mohapatra

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-versus-

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State Of Odisha ..... Opposite Parties Represented By Adv. – Mr. A.P. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

13.05.2024

Order No.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.1125 of 2023, arising out of Nischintakoili P.S. Case No.192 of 2023, pending in the Court of learned J.M.F.C., Salipur, for alleged commission of offences punishable under Sections 399/402 of the I.P.C.

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Page 1 of 4.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 29.10.2023. He further contended that in the meantime, investigation has been concluded and final charge sheet has been filed on 30.11.2023. He further referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that total 7 persons were arrested in connection with the present case. Out of the 7 accused persons, 5 have already been released on bail. So far the present Petitioner is concerned, it is submitted that since the Petitioner is having 6 other criminal antecedents, his bail application was rejected by the trial court. He also contended that the Petitioner belongs to the locality, there is no chance of his absconding. He further contended that in the event the Petitioner is released on bail by this Court, the Petitioner is ready and willing to abide by any terms and conditions imposed by this Court.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the released of the Petitioner on bail on the ground that the Petitioner is having several criminal antecedents including some serious allegation against the present Petitioner. He further contended that in the event the Petitioner is released on bail, there is every possibility that the Petitioner might abscond from justice. He further contended that taking into

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Page 2 of 4.

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consideration the background of the present Petitioner and his involvement in several cases, the bail application of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as the seriousness and gravity of the allegation made in the present case and further taking into consideration the period of custodial detention and the fact that the investigation has been concluded and the final charge sheet has been filed, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. While imposing condition, the Court in seisin over the matter shall also impose condition whereby the Petitioner shall appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., for a period of three months and thereafter once in a month till conclusion of the trial. Violation of any of the conditions shall entail cancellation of bail.

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Page 3 of 4.

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The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 14-May-2024 11:21:12

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Page 4 of 4.

Mani @ Diptikanta Prusty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mani @ Diptikanta Prusty 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

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