Allowed

Priyabrata Das v. State of Odisha

Orissa HC2 Dec 2024BLAPL/11873/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the applicant charged under various sections of BNS for cheating. Reliance was placed on the Supreme Court decision in Satendra Kumar Antil. Bail was allowed subject to sureties and specific reporting conditions.

What did the court decide?

Bail granted on furnishing bond of Rs.50,000 with two sureties and complying with specified conditions including reporting to police.

Priyabrata Das Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11873 of 2024

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Priyabrata Das

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… Petitioner

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Mr. B. Nayak, Advocate

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-versus-

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State of Orissa

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… Opposite Party

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Mr. B.P. Nayak, AGA

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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01.

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ORDER(ORAL) 02.12.2024

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

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Cyber Crime & Economic Offences, UPD Cuttack PS Case No.68 of 2024 corresponding to GR Case No.833 of 2024 pending in the file of learned JMFC, Cuttack, for commission of offences punishable under Sections 318(4)/319(2)/336(3)/338 of BNS, on the main allegation of cheating the informant for a sum of Rs.5,34,500/-.

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Heard, Mr. Biswajit Nayak, learned counsel for the petitioner and Mr. B.P. Nayak, learned AGA in the present matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and

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regard being had to the pre trial detention of the petitioner in custody since 24.09.2024 and keeping in view the progress of investigation in this case as also the law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 , this Court without expressing any opinion on merits of the case admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

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(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2^nd

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Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Dec-2024 10:56:53

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Priyabrata Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Priyabrata Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

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