Disposed

Ajay Kumar Choudhury v. State of Odisha

Orissa HC30 Aug 2024BLAPL/7926/2024

Case brief

AI extract

What is this about?

The High Court released the petitioner on bail in a BLAPL under BNSS Section 483, noting that the final form was filed, the case relies on documentary evidence, and a prior bail direction was vacated due to undisclosed antecedent cases. Release is subject to antecedent verification and monthly police appearances.

What did the court decide?

Petitioner directed to be released on bail subject to verification of criminal antecedent and monthly police station appearance.

Ajay Kumar Choudhury Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.7926 of 2024

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Ajay Kumar Choudhury

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…. Petitioner

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Mr. S.G. Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

30.08.2024

Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with C.T. Case No.6196 of 2019, pending on the file of learned JMFC-III, Bhubaneswar arising out of Nayapalli P.S. Case No.657 of 2019, for commission of alleged offences under Sections 419/420/467/468/471/34/120B IPC.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl. Sessions

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Judge, Bhubaneswar by order dated 12.07.2024 in the aforementioned case, the present BLAPL has been filed.

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The allegation against the Petitioner is that he along with co-accused are involved in commission of cheating and forgery of the loan documents which led to misappropriation of loan amount to the tune of 4.5 crores taken by one co-accused Ansuman Samantaray. 6. The Petitioner was directed to be released on bail by order dated 20.05.2024 in BLAPL No.3468 of 2024 subject to verification of criminal antecedent. While considering the bail application of the Petitioner since it was brought to the notice of the learned Magistrate that the Petitioner is also cited as an accused in Nayapali P.S. Case No.301 of 2016 under Sections 448/307/506 IPC, his bail application was rejected. The memo along with the order of rejection of the learned Magistrate filed in Court is taken on record.

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It is submitted by the learned counsel that inadvertently earlier criminal antecedent of the Petitioner could not be brought to the notice of this Court and there was no willful negligence of the Petitioner on this count. 8. Learned counsel for the State submits that the Petitioner has not approached this Court in clean hands. 9. Taking into account that admittedly final form has already been filed and the nature of accusation is more or less based on documentary evidence and this

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Court earlier directed release of the Petitioner by order dated 20.05.2024 as noted above, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of the criminal antecedent.

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If it comes to fore that apart from the case in hand and the case as noted hereinabove as antecedent, the Petitioner is found to be involved in any other offence of any nature, this order shall not be given effect to.

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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per the rules.

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PKS

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 30-Aug-2024 18:38:28

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Ajay Kumar Choudhury v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ajay Kumar Choudhury v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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