Giridhari Meher Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Model Police Station Khurda PS Case No.784/2023 dated02.12.2023 corresponds to GR Case No. 1135/2023 pending in the Court of the learned S.D.J.M, Khurda for alleged commission of offence under Section 420/34 of I.P.C.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in

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custody since 06.12.2023. He further contended that in the meantime investigation has been concluded and the final charge sheet has been filed. He further contended that the detention of the petitioner in custody is no more required for the purpose of the investigation. He further contended that the trial is not likely to be commenced in near future. Learned counsel for the petitioner further referring to the allegation made in the F.I.R. submitted that although as per the F.I.R. allegation a total sum of Rs.17,50,000/- was paid to provide a job to the informant. However, a total sum of Rs.4,21,000/- has been transferred to the account of the petitioner though the phonePe account of the informant. Learned counsel for the petitioner further contended that the petitioner is ready and willing to deposit the amount which has been transferred to his account before the trial Court and he shall cooperate with the early conclusion of the trial. On such condition it was prayed that the petitioner be released on bail. It was also contended the petitioner does not have any criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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It is further directed that the bail granted to the Petitioner be subject to depositing a cash security of Rs.1,00,000/- (Rupees one lakh) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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Accordingly, it is directed that the release of the Petitioner shall also be subject to furnishing a property security of Rs.3,00,000/- (Rupees Three Lakhs) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of such conditions shall entail cancellation of the bail application.

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

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the

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event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

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