Allowed

Chinmaya Mishra v. State of Odisha

Orissa HC13 Sept 2024BLAPL/8827/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application filed under Section 439 CrPC by a petitioner accused of offences under Sections 420, 406, 294, 341, 323, and 506 IPC. After hearing counsel for the petitioner and the State, the Court granted bail subject to specific financial security and conditions.

What did the court decide?

Bail granted subject to bail bond of Rs. 30,000, cash security of Rs. 10,000, property security of Rs. 2,00,000, and compliance with conditions.

Chinmaya Mishra Vs State of Odisha — Bail and Remand | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8827 of 2024

¶2

Chinmaya Mishra ..... Petitioner

¶3

Represented By Adv. - Sunil Kumar Panda

¶4

-versus-

¶5

State Of Odisha

¶6

..... Opposite Party

¶7

Represented By Adv. – D.Nayak, A.G.A.

¶8

CORAM:

¶9

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

13.09.2024

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

¶14

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

¶15

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with model P.S Palalakhemundi P.S. Case No. 422 of 2023 corresponding to G.R Case No.816 of 2023 pending in the Court of the learned S.D.J.M., Parlakhemundi for alleged commission of offence under Section ,420 ,406,294,341,323,506 of I.P.C.

¶16

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 07.08.2024. He further contended that the investigation has progressed substantially in the meantime and charge sheet has already been filed. Learned counsel for the

¶17

Page 1 of 3.

¶18

petitioner further referring to the allegation made in the F.I.R., submitted that the petitioner has been falsely implicated in the present case. He further contended that the prosecution story is a false one and that the petitioner had never taken any money from the informant. He has also alleged that a signed black paper has been issued by the informant in the present case. He further submitted that the petitioner is having one criminal antecedent which is not similar in nature. He further contended that he petitioner belongs to the locality therefore there is no chance of absconding. 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.

¶19

Learned Additional Standing Counsel on the other hand objected to the release of the petitioner on bail on the ground that the allegations made in the F.I.R. are very grave and serious in nature. He 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.

¶20

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.30,000/- (Rupees thirty 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:

¶21

Page 2 of 3.

¶22

I) he shall not indulge in similar criminal offences;

¶23

II) shall cooperate with investigation;

¶24

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

¶25

IV) shall appear before the Trial Court on each and every date fixed unless prevented by any sufficient cause.

¶26

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

¶27

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.10,000/- (Rupees ten 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. In addition, petitioner shall furnish a property security of Rs.2,00,000/-(Rupees Two Lakh).

¶28

BLAPL is accordingly disposed of.

¶29

Issue urgent certified copy as per Rules.

¶30

( A.K. Mohapatra )

¶31

Judge

¶32

Rubi

¶33

Signature Not Verified

¶34

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Page 3 of 3. Location: High Court of Orissa, C utta ck Date: 17-Sep-2024 11:12:05

Chinmaya Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chinmaya Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sipu @ Pradipta Swain Vs State of Odisha

Bhupendra Paswan Vs State of Odisha

Chandan Biswal @ Abhijit Biswal Vs State of Odisha

Dinesh Behera Vs State of Odisha

Parameswar Sethi Vs State of Odisha

Nana @ Sk Sadik Quadri Vs State of Odisha