Allowed

Rajat Kumar Patra v. State of Odisha

Orissa HC5 Sept 2024BLAPL/8354/2024

Case brief

AI extract

What is this about?

The High Court of Odisha granted bail to the petitioner accused of cheating and criminal conspiracy, releasing him on a bail bond of Rs.40,000 with two sureties, subject to specific conditions including appearance before the investigating agency and trial court.

What did the court decide?

Petitioner released on bail via bond of Rs.40,000 with two local solvent sureties for Rs.40,000 each.

Rajat Kumar Patra Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8354 of 2024

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Rajat Kumar Patra

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.....

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Petitioner

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Represented By Adv. - Pranab Kumar Das

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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. – M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.09.2024

Order No.

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

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with G.R Case No.487 of 2023 corresponding to Malkangiri P.S Case No.400 of 2023 pending in the Court of the learned S.D.J.M Malkangiri for alleged commission of offence under Section 420 & 34 of I.P.C.

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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 24.07.2023. He further contended that in the meantime investigation has been concluded and the charge sheet has been filed.

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Signature Not Verified Page 1 of 3 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 06-Sep-2024 13:03:54

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Further referring to the allegation made in the F.I.R. learned counsel for the petitioner submitted that the F.I.R. allegation a sum of Rs.70,000/- was taken from the informant provide for a job. He further submitted that aforesaid amount has already been returned to the informant by one Prasanna Kumar Sahoo and in support of such contention the informant has already filed an affidavit before the learned S.D.J.M., Malkanagiri. He further contended that the petitioner has several criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that 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.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail 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 learned court in seisin over the matter subject to the following terms and conditions:

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I) he shall not indulge in similar criminal offences;

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Signature Not Verified Page 2 of 3 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 06-Sep-2024 13:03:54

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II) shall cooperate with investigation;

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III) shall appear before the I.O. as and when required for the purpose of investigation; and

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IV) shall appear before the Trial Court on each and every date fixed.

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V) Shall appear before the local police station once in a fortnight for a period of three months, thereafter once in a month till conclusion of trial.

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

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the aforesaid amount has already returned from whom the money was taken. In the event it is found that the aforesaid amount has not returned, this bail order shall automatically stand revoked.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra ) Judge

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Anil

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Signature Not Verified Page 3 of 3 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 06-Sep-2024 13:03:54

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?

What the court decided

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