Ranjan Kumar Kamila 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 C.T Case No.715/2021 arising out of Sahadevkhunta P.S Case No.0252/2021 pending in the Court of the learned S.D.J.M.,Balasore for alleged commission of offence under Section 408, 409 of I.P.C. 4. 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 custody since 21.12.2023. He further submitted that the investigation has been concluded and the final charge sheet has been filed. It was also contended that in the meantime the trial has commenced and some of the witnesses have been examined. In

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course of his argument learned counsel for the petitioner drawing attention of this Court to the order under annexure-2 submitted that the petitioner had earlier approached this Court by filing an application under Section 438 Cr.P.C. which was registered as ABLAPL No.12257 of 2021. A coordinate bench of this Court disposed of the said bail application vide order dated 16.08.2022 thereby permitting the petitioner to surrender before the trial Court and move an application for bail and in such eventuality the trial court was directed to release the petitioner on bail subject to condition that the petitioner shall deposit a sum of Rs.5,00,000/before the court in seisin over the matter. Learned counsel for the petitioner further contended that since the petitioner is a poor man, he could not arrange the money. As such he could not take the advantage of the order dated 16.08.2022. Finally, the petitioner was arrested on 21.12.2023 and he has been languishing in custody. Learned counsel for the petitioner submitted that the petitioner was working in the office of the Divisional Labour Commissioner as a Data Entry Operator. The allegation made in the F.I.R. is misappropriation of public money, and it is also alleged that no audit was conducted by the Opposite Party before the F.I.R. was lodged. 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

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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 is subject to depositing a cash security of Rs.50,000/- (Rupees Fifty thousand) 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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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 event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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Digitally Signed Signed by: RUBI BEHERA Page 3 of 3. Reason: Authentication Location: High Court of Orissa, C utta ck Date: 16-May-2024 12:41:02

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Rubi

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Signature Not Verified

Ranjan Kumar Kamila v. State of Odisha

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Ranjan Kumar Kamila v. State of Odisha

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