Mudassir Mirza Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Mudassir Mirza Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: Petitioner to be released in G.R. Case No. 2403/2023 on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount, subject to conditions — affidavit of residential particulars (Aadhar No., Phone No.) with release subject to verification via a relative's affidavit; no involvement in similar offences; no tampering with evidence or threatening/influencing witnesses; attendance in court on every trial date; fortnightly reporting at the concerned police station, preferably Sundays 10.00 A.M.–1.00 P.M., till conclusion of trial; violation to entail cancellation of bail. BLAPL disposed of.

Issue for consideration

Whether the Petitioner, though not named in the F.I.R. and implicated through a co-accused statement, should be released on regular bail under Section 439 Cr.P.C. in G.R. Case No. 2403/2023 (Rourkela Cyber P.S. Case No.0029 of 2023), and on what terms and conditions. +1 more

Court's answer

In assessing the bail request, the Court took into account the seriousness and gravity of the allegations together with the facts and circumstances of the case.

Ratio / Principle

The Court was inclined to release the Petitioner on bail subject to imposition of stringent conditions, considering that the Petitioner had not been named in the F.I.R. and did not have any criminal antecedent.

Key takeaways

The Petitioner was directed to be released on bail in the aforesaid case 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 Court in seisin over the matter, subject to specified terms and conditions.ratio¶25
Condition I: the Petitioner shall file an affidavit before the Trial Court giving his residential details and other details like Aadhar No. and Phone No. before the jurisdictional police station, and his release shall be subject to verification of such details as furnished by any relative of the Petitioner by way of an affidavit.ratio¶26

Detailed headnote1 paragraphs

BLAPL No.6912 of 2024 — High Court of Orissa at Cuttack (Hon'ble Mr. Justice Aditya Kumar Mohapatra), Order dated 08.08.2024. Regular bail granted under Section 439 Cr.P.C. to petitioner Mudassir Mirza in G.R. Case No. 2403/2023, arising out of Rourkela Cyber P.S. Case No.0029 of 2023, pending before learned S.D.J.M., Panposh, Rourkela, for offences punishable under Sections 419/420/465/467/471/120-B/34 of IPC, 1860 and 66-C/66-D of the Information Technology Act, 2000. Weighing the seriousness and gravity of the allegations against the facts that the petitioner was not named in the F.I.R. and had no criminal antecedent, and noting that investigation stood concluded with the charge sheet filed on 10.05.2024 (petitioner on remand since 13.05.2024), the Court directed release on a bail bond of Rs.40,000/- with two local solvent sureties of like amount, imposing stringent conditions: affidavit of residential details (Aadhar No., Phone No.) with verification through a relative's affidavit; abstention from similar offences; no tampering with evidence or threatening/influencing witnesses; attendance at trial on all dates; and fortnightly reporting at the concerned police station, preferably Sundays 10.00 A.M.–1.00 P.M., till conclusion of trial, failing which bail would stand cancelled. The Additional Standing Counsel had opposed bail citing the petitioner's non-domicile in Odisha and possible abscondance.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6912 of 2024

Mudassir Mirza

.....

Petitioner

Represented By Adv. -

Shrikant Samantra

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. - Mr.M.R.Mishra, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

08.08.2024

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R Case No. 2403/2023, arising out of Rourkela Cyber P.S Case No.0029 of 2023, pending in the Court of learned S.D.J.M, Panposh, Rourkela for alleged commission of offence punishable under Sections 419/420/465/467/471/120-B/34 of IPC, 1860 and 66-C/66-D of Information Technology Act, 2000. 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

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Petitioner has been taken on remand in the present case on 13.05.2024. Learned counsel for the Petitioner further contended that in the meantime the investigation has been concluded and the charge sheet has been filed on 10.05.2024. Further, referring to the allegations made in the F.I.R., learned counsel for the Petitioner submitted that the principal accused as is evident from the F.I.R., namely, RituVohara, who persuaded to the informant to invest in the company. So far the present Petitioner is concerned, it was contended that he has not been named in the F.I.R. Further contended that the Petitioner has been implicated in the present case on the basis of the statement of the coaccused. It was also contended that the Petitioner does not have any criminal antecedent. It is further contended that although the Petitioner’s native place is New Delhi he resides at Rourkela at the moment. It is submitted by the learned counsel for the Petitioner that the Petitioner stands in similar footing like coaccused Gourdv Gupta, Petitioner in BLAPL No.6521, Sandeep Jain @ Bitu in BLAPL No.5996 of 2024 and others. In such view of the matter learned counsel for the Petitioner contended 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.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that although the Petitioner has not been named in the F.I.R., however, during course of investigation, from the materials it indicates involvement of the

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Petitioner in the alleged crime. He further submitted that since the Petitioner does not belong to State of Odisha, in the event the Petitioner is released on bail, he might abscond. Therefore, on such ground he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the seriousness and gravity of the allegations and further considering the fact that the Petitioner has not been named in the F.I.R. and he does not have any criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/(Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter subject to the following terms and conditions:

I) The Petitioner shall also file an affidavit before the Trial Court indicating therein his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioner shall be subject to verification of such details as would be furnished by any relative of the Petitioner in the shape of an affidavit.

II) he shall not be involved in any offence of similar nature while on bail;

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III) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

IV) he shall not make any default in attending the court during trial on each date without fail;

V) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial.

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

The BLAPL is, accordingly, disposed of.

( A.K. Mohapatra)

Judge

RKS

Signature Not Verified

Page 4 of 4 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 09-Aug-2024 17:31:06