Disposed¶32

Rajat Kumar Patra v. State of Odisha

Orissa HC5 Sept 2024BLAPL/8300/2024

Case brief

AI extract

What is this about?

BLAPL No.8300 of 2024; High Court of Orissa at Cuttack; Justice Aditya Kumar Mohapatra; order dated 05.09.2024; regular bail under Section 439 Cr.P.C.; G.R. Case No.95 of 2024; Malkangiri P.S. Case No.75 of 2024; S.D.J.M. Malkangiri; Sections 420, 34 IPC; cheating; Shakti Security Agency; Field Officer; refund of Rs.30,000 to informant; bail bond Rs.30,000; cash security Rs.5,000; fortnightly police station reporting; BLAPL No.4968 of 2024 dated 20.05.2024; Prasanna Kumar Sahoo; bail conditions; cancellation of bail.

What did the court decide?

Petitioner released on bail in G.R. Case No.95 of 2024 on a bail bond of Rs.30,000/- with one local solvent surety, subject to refund of Rs.30,000/- to the informant at the time of release, deposit of Rs.5,000/- cash security, and compliance with the stipulated conditions; the BLAPL is disposed of.

Rajat Kumar Patra Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, in custody since 06.03.2024 in G.R. Case No.95 of 2024 (arising out of Malkangiri P.S. Case No.75 of 2024) for alleged offences punishable under Sections 420, 34 of IPC, is entitled to be released on regular bail under Section 439 of Cr.P.C. +1 more

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Court's answer

The Petitioner is directed to be released on bail in G.R. Case No.95 of 2024 on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter.

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Ratio / Principle

Release of the Petitioner is further conditioned on the Petitioner refunding a sum of Rs.30,000/- (Rupees Thirty thousand) to the informant at the time of his release on bail.

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Key takeaways

The bail granted is subject to depositing a cash security of Rs.5,000/- (Rupees Five Thousand) before the learned Court in seisin over the matter, to be kept in any Nationalized Bank in an interest bearing account initially for one year, renewable from time to time till conclusion of trial, abiding by the final outcome of the trial.ratio¶26
Release is made subject to conditions: (i) the Petitioner shall not be involved in any offence of similar nature while on bail; (ii) shall not make any default in attending the court during trial on each and every date; and (iii) shall appear before the concerned Police Station once in a fortnight for a period of four months, preferably on Sunday between 10.00 A.M. to 1.00 PM.ratio¶30

Detailed headnote1 paragraphs

Regular bail granted under Section 439 of Cr.P.C. to the Petitioner, in custody since 06.03.2024 in G.R. Case No.95 of 2024 (arising out of Malkangiri P.S. Case No.75 of 2024) pending before learned S.D.J.M., Malkangiri, for alleged offences punishable under Sections 420, 34 of IPC. Counsel submitted the Petitioner was engaged as a Field Officer in Shakti Security Agency, was falsely implicated, and was ready to return the alleged sum; the F.I.R. records Rs.30,000/- as paid to the accused-Petitioner. Pursuant to the order in BLAPL No.4968 of 2024 dated 20.05.2024, accused Prasanna Kumar Sahoo had already paid Rs.30,000 to the Informant. Bail ordered on a bond of Rs.30,000/- with one local solvent surety for the like amount, conditional on refund of Rs.30,000/- to the informant at the time of release, deposit of Rs.5,000/- cash security kept in a Nationalized Bank in interest-bearing account initially for one year (renewable till conclusion of trial), non-involvement in similar offences, attendance at trial on every date, and appearance before the concerned Police Station once a fortnight for four months (preferably Sunday, 10.00 A.M. to 1.00 PM); violation entails cancellation of bail. BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8300 of 2024

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Rajat Kumar Patra

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..... Petitioner

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Represented By Adv. - Rajib Lochan Pattnaik

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – Mr. D. Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.09.2024

Order No.

01.

This matter is taken up through Hybrid mode.

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Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

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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.95 of 2024, arising out of Malkangiri P.S. Case No.75 of 2024, pending in the Court of learned S.D.J.M., Malkangiri for alleged commission of offence punishable under Sections 420, 34 of IPC.

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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 06.03.2024. He further contended that in the meantime the investigation has progressed substantially. Further, referring to the F.I.R., learned counsel for the Petitioner submitted that as per the

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Page 1 of 3.

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F.I.R. Rs.30,000/- was paid to accused-Petitioner. He contended that the Petitioner was engaged as a Field Officer in Shakti Security Agency. He further contended that the Petitioner has been falsely implicated in the present case. Learned counsel for the Petitioner submitted that the Petitioner is ready and willing to return the alleged sum of money to the informant. 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 and the Petitioner undertakes to abide by such conditions while on bail.

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Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are very serious in nature and that the poor innocent persons of the locality have been cheated by the Petitioner and the concerned company in the name of providing of them employment. Further, submitted that in the event this Court released the Petitioner on bail, then the Petitioner be directed to refund the entire amount of money to the informant as has been alleged to have been taken, with a further direction to cooperate with the investigation and appear before the trial court each and every date fixed.

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Pursuant to the order passed in BLAPL No.4968 of 2024 dated 20.05.2024, it is stated by learned counsel for the Petitioner that the accused Prasanna Kumar Sahoo has already been paid a sum of Rs.30,000 to the Informant in the meantime.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. The

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Page 2 of 3.

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release of the Petitioner shall also be subject to the condition that the Petitioner shall refund a sum of Rs.30,000/-( Rupees Thirty thousand) to the informant at the time of his release on bail.

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It is further directed that the bail granted to the Petitioner is subject to depositing of a cash security of Rs.5,000/- (Rupees Five 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 made clear to release of the Petitioner shall also be subject to following conditions:-

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

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ii) shall not make any default in attending the court during trial on each and every date without fail.

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iii) shall appear before the concerned Police Station once in a fortnight for a period of four months preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM.

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

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Sep-2024 20:26:00 Page 3 of 3.

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S.K. Rout

Rajat Kumar Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajat Kumar Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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