Kulamani Parida Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite 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 C.T. Case No.1008 of 2023, arising out of Badagad P.S. Case No.610 of 2023, pending in the Court of learned J.M.F.C.-IV, Bhubaneswar, for alleged commission of offences punishable under Sections 419/420/468/467/34 of IPC.

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It is submitted by the learned counsel for the Petitioner

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Page 1 of 4.

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that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in jail custody since 03.01.2024. He further submitted that investigation has been concluded and final charge sheet has been filed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the dispute is basically a civil in nature. It is also contended that after the said transaction took place, the purchasers have already mutated the land in their favour. He further contended that the Petitioner has no role in the alleged crime. It is also contended that the Petitioner belongs to a locality, therefore, there is no chance of absconding. He further contended that although the Petitioner had one criminal antecedent, however, the same has been quashed by this Court. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition that would be imposed by this Court which the Petitioner shall abide by while on bail.

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Learned counsel for the Informant submitted that the Informant is a Bank. He further submitted that the Petitioner defrauded the Bank by submitting fraudulent documents. It is also submitted that the Petitioner is in habit of submitting fraudulent documents and obtaining loan from the public sector banks. Learned counsel for the Informant further submitted that the property involves in the present crime was mortgaged to the Gram Bank and on such basis, a loan was taken. However, the very same land has been sold to the Informant. On such ground, it is submitted by the learned counsel for the Informant that the prayer for bail of the Petitioner be rejected at this juncture.

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Page 2 of 4.

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Learned counsel for the State, on the other hand, supported the stand of the learned counsel for the Informant. He further submitted that considering the seriousness and gravity of the allegation made in the F.I.R., the Petitioner should not be enlarged on bail. He also expresses his apprehension that in the event the Petitioner is released on bail, he might abscond from justice.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the materials on record and further taking into consideration the custodial detention as well as the fact that the charge sheet has been filed, this Court is inclined to release the Petitioner on bail on imposition of stringent conditions.

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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. The release of the Petitioner shall also be subject to the conditions that he shall appear before the trial court on each and every date of posting of the case; he shall not tamper with the prosecution evidence while on bail; and shall furnish cash security of Rs.2,00,000/- (Rupees two lakhs) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial. Violation of any of the condition shall entail

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cancellation of bail.

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