Disposed

Nagad@Vikash Kumar Ojha v. State of Odisha

Orissa HC20 Dec 2024BLAPL/6439/2024

Case brief

AI extract

What is this about?

Second regular bail application by an accused in a Rourkela cyber fraud case, custody since March 2023, with three witnesses already examined. The court declined to release him on bail but requested the trial court to complete the trial by end of March 2025, granting liberty to renew the bail plea if not completed.

What did the court decide?

Bail refused for now; trial court requested to finish trial by end of March 2025; liberty to move afresh for bail if trial not completed within that time.

Nagad@Vikash Kumar Ojha 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. 6439 of 2024

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Nagad @ Vikash Kumar Ojha ….. Petitioner

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Mr. Soumya Ranjan Das, Advocate Vs.

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State of Orissa ….. Opp. Party

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Ms. Sarita Maharana, A.S.C.

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CORAM:

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JUSTICE SAVITRI RATHO

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ORDER

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20.12.2024

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(Through hybrid mode)

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Order No.

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Perused the report dated 17.12.2024 of the learned J.M.F.C.,

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Rourkela. The operative portion of the report is extracted below:-

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“The accused was remanded to the Court of Ld. Addl. Civil Judge- cum- Judicial Magistrate, Kishangarh, PSKishangarh, Dist- Ajmer, State- Rajasthan as per Letter No. 180 dtd 10.08.2024 for a period of 15 days. Since the date of his sparing, reminders on each date of the posting of case record has been sent to the Court of Ld. Additional Civil Judge-cum- Judicial Magistrate, Kishangad by registered post and e-mail vide Ltr. No. 408 Dtd. 26.09.2024, Ltr. No. 441 Dtd. 21.10.2024, Ltr. No. 463 Dtd. 02.11.2024 and Ltr. No. 474 Dtd. 14.11.2024 of this Court for return of the accused to this Court. However, on each date of posting of the case record, he has been produced through VC from the Ajmer Central Jail. Despite taking sincere steps by this Court, the accused has not been returned to this Court by the Court of the Ld. Additional Civil Judge-cum- Judicial Magistrate, Kishangad before this

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Court till date.

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Further, I beg to submit that the Court remain vacant on transfer of the P.O till my joining from maternity leave. After my joining one witness has been examined, Cross examined and discharged as PW-3 by procuring the attendance of the accused through V.C. However summons have been issued to the C.S witness-2 and C.S witness -8 for adducing their evidences. Further, I beg to submit that the Case record is posted to 23.12.2024 for recording of evidence.”

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This is the second application of the petitioner under Section 439 of Cr.P.C. in this Court in connection with Rourkela Cyber P.S. Case No.08 of 2022 corresponding to G.R. Case No.962 of 2022 in the Court of the learned S.D.J.M. (P), Rourkela. The case is now pending for trial before the learned J.M.F.C., Rourkela against the petitioner and two other accused persons under Sections 419, 420, 465, 468, 471, 120-B and 34 of IPC read with Section 66 (D) of the I.T. Act.

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The earlier application of the petitioner i.e. BLAPL No. 8985 of 2023 has been dismissed as withdrawn on 07.05.2024.

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Thereafter, the prayer for bail of the petitioner has been rejected on 28.05.2024 by the learned 1st Additional Sessions Judge, Rourkela in BLAPL No. 284 of 2024.

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Mr. Soumya Ranjan Das, learned counsel for the petitioner

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submits that the petitioner is in custody since 29.03.2023. He also

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submits that the petitioner is an accused in Kishangarh P.S. Case No. 278 of 2022 in the District of Ajmer, Rajasthan.

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Ms. S. Maharana, learned Addl. Standing Counsel opposes the prayer for bail stating that this manner of duping innocent citizen of their savings and investments has become rampant. As the petitioner is a resident of U.P and is also involved in a case in Rajasthan, it will be difficult to secure his presence for the remaining part of the trial.

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Considering the fact that three witnesses have been examined and the case is posted to 23.12.2024 for further examination of the witnesses, the BLAPL is disposed of requesting the learned trial Court to make an endeavor to dispose of the trial by the end of March, 2025.

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Liberty is granted to the petitioner to move for bail afresh in

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case the trial is not completed within the said time for reasons not attributable to the petitioner.

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Subhalaxmi

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Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 20-Dec-2024 20:03:06

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Nagad@Vikash Kumar Ojha v. State of Odisha

Case brief

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Nagad@Vikash Kumar Ojha v. State of Odisha

Case brief

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