Allowed

Birendra Kaji v. State of Odisha

Orissa HC19 Dec 2024BLAPL/4191/2024

Case brief

AI extract

What is this about?

In an application for bail under Section 439 Cr.P.C., the High Court allowed the petitioner's bail in a case involving offences under IPC and corruption statutes. The court directed release, noting the vagueness of charges against him and the interessiert co-accused's release, subject to conditions including attending trial and avoiding other offences.

What did the court decide?

Release on bail in connection with the case, subject to conditions to be fixed by the Designated Court or court in seisin.

Birendra Kaji Vs State of Odisha — Money Laundering | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.4191 of 2024

¶3

Birendra Kaji

¶4

…. Petitioner Mr. P.K. Nath, Advocate (Sambalpur)

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party

¶8

Mr. A.K. Nayak, Advocate for the State (OPID)

¶9

CORAM:

¶10

JUSTICE B. P. ROUTRAY

ORDER

19.12.2024

Order No.

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.466/467/468/471/420/406/120-B I.P.C., Secs.4/5/6 of PCMCS (Banning) Act and Sec.6 of the OPID (in Financial Establishment) Act.

¶16

Heard Mr. P.K. Nath (Sambalpur), learned counsel for the Petitioner as well as Mr. A.K. Nayak, learned counsel on behalf of Mr. B. Bhuyan, learned counsel for the State (OPID).

¶17

It is submitted on behalf of the Petitioner that, he is inside custody since 28.12.2014 in connection with other cases and only taken on remand on 16.7.2023 deliberately in the present case. It is also submitted that, such practice of investigating agency to take remand upon release on bail in other case or keeping him inside custody without remand deliberately in this given case is highly illegal. Moreover the trial is yet to begin in respect of the Petitioner though he is inside custody since 2014 within the

¶18

Signature Not Verified

¶19

Page 1 of 3

¶20

Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Cout of Orissa, Cuttack Date: 20-Dec-2024 12:09:49

¶21

knowledge of the investigating agency. It is further submitted on behalf of the Petitioner that another co-accused person namely, Rakesh Gupta, standing on same footing with the petitioner, has been released on bail in the meantime.

¶22

Mr. A.K. Nayak, learned counsel for the State (OPID) submits on the other hand that, this Petitioner was the Director of the Company and signed the debentures in favour of different investors for different accounts.

¶23

Upon hearing both the parties and perusal of the copy of the charge-sheet dated 31.8.2017 and 31.7.2023 does not reveal any specific amount of misappropriation against this particular Petitioner. It is however alleged at paragraph 18.25 that, an amount of Rs.65,07,788/- was withdrawn mostly by Rakesh Gupta, Dillip Kumar and Birendra Kaji being the authorized signatories of the account.

¶24

Considering the surrounding circumstances of the case, the release of co-accused on bail and the fact that the investigating agency did not take the Petitioner to custody in time prior to 16.7.2023, it is directed to release present Petitioner on bail in connection with Odisha EOW Bhubaneswar P.S. Case No.5/2012 corresponding to G.R. Case No.1769(A)/1 of 2012-2015 on such terms and conditions to be fixed by learned Presiding Officer, Designated Court under the OPID Act, Sambalpur or the court in seisin over the matter, as he deems just and proper including the condition that the Petitioner shall not be involved in any other

¶25

Signature Not Verified

¶26

Page 2 of 3

¶27

Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Cout of Orissa, Cuttack Date: 20-Dec-2024 12:09:49

¶28

offences while on bail and shall attend the trial court on each date fixed.

¶29

The BLAPL is disposed of.

¶30

An urgent certified copy of this order be granted on proper application.

¶31

( B.P. Routray)

¶32

Judge

¶33

B.K. Barik

¶34

Signature Not Verified

¶35

Page 3 of 3

¶36

Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Cout of Orissa, Cuttack Date: 20-Dec-2024 12:09:49

Birendra Kaji v. State of Odisha

Case brief

What is this about?

What did the court decide?

Birendra Kaji v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rudra Narayan Singh Vs State of Odisha

Bhabani Shankar Mahanta Vs State of Odisha

Sridhar Rout Vs the Tahasildar Dhamnagar

Gobinda Chandra Sunamajhi Vs State of Odisha

Baidyutika Das Vs State of Odisha

Raibari Kisan Vs Devi Pr.Swain