Santosh Bhoi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Santosh Bhoi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner admitted to and to be released on bail by the Court in seisin over Kegaon P.S. Case No.263 of 2023, subject to: (i) physical reporting before the I.I.C., Kegaon Police Station, District-Kalahandi each Sunday for six months; (ii) not involving himself in similar offences; (iii) cooperating with the investigation; (iv) not tampering with evidence. Violation of the conditions shall entail consideration for cancellation of bail. The BLAPL was accordingly disposed of.

Issue for consideration

Whether the petitioner, taken into custody on the disclosure of co-accused apprehended distributing counterfeit currency notes and alleged by the State to be the mastermind, should be enlarged on bail under Section 439 Cr.P.C.

Court's answer

Taking into consideration the period of custody since 16.11.2023, the allegation against the petitioner, the fact that all other co-accused persons have already been enlarged on bail, and that the charge sheet has already been filed, the Court was inclined to admit the petitioner on bail.

Ratio / Principle

The petitioner is to be released on bail by the Court in seisin over the matter, on such terms and conditions as it deems just and proper, subject to specified conditions.

Key takeaways

Violation of the imposed bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.ratio¶29

Detailed headnote1 paragraphs

Bail — S. 439 Cr.P.C. — Counterfeit currency (IPC SS. 294/458/489A/489B/489C/506). Petitioner, an accused in Kegaon P.S. Case No.263 of 2023 (C.T.(SC) No.1/4 of 2024, arising out of C.T. No.1184 of 2023) pending before the Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna, was taken into custody on 16.11.2023 on the disclosure of co-accused apprehended while distributing counterfeit currency notes; charge sheet filed 29.12.2023; his earlier bail application rejected by the Court below on 19.01.2024; both co-accused (Mantu Chandan on 02.02.2024 and Kanha Mohapatra on 15.03.2024) already enlarged on bail. Despite the State's objection that the petitioner was the mastermind, bail granted considering custody since 16.11.2023, the allegation, parity with co-accused and filing of the charge sheet, subject to conditions including reporting before the I.I.C., Kegaon Police Station (Kalahandi) each Sunday for six months; violation to entail consideration for cancellation of bail. BLAPL disposed of accordingly (12.04.2024).

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.987 of 2024

(1) Santosh Bhoi

Petitioner

Mr. Devashis Panda, Advocate

-versus-

(1) State of Odisha …. Opp. Party Mr. B.K. Ragada, AGA

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

12.04.2024

1 . The petitioner is one of the accused in connection with Kegaon P.S. Case No.263 of 2023 corresponding to (C.T.(SC) No.1/4 of 2024) arising out of C.T. No.1184 of 2023 for the offences under Sections-294/ 458/489A/489B/489C/506 IPC pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna.

2. Two co-accused persons have already been enlarged on bail. On 02.02.2024, the co-accused Mantu Chandan has been enlarged on bail by the learned Court below whereas Kanha Mohapatra was admitted to bail on 15.03.2024.

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3. The prosecution case against the petitioner is that the co-accused persons namely Mantu Chandan and Kanha Mohapatra were apprehended while distributing counterfeit currency notes. When they were apprehended, they disclosed that it is the present petitioner, who has been supplying the counterfeit currency notes to them. On the basis of disclosure of the co-accused persons, the present petitioner was apprehended and was taken into custody on 16.11.2023.

4. After the investigation, charge sheet was filed by the police on 29.12.2023.

5. The petitioner had approached the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna praying for grant of bail. The learned Court below vide its order dated 19.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

6. Mr. Ragada, learned Addl. Government Advocate appearing for the State submits that the present petitioner is the mastermind in the entire case and opposes the bail.

7. Taking into consideration the period of custody since 16.11.2023, the allegation against the petitioner and the fact that all other co-accused persons have already been enlarged on bail and the charge sheet

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has already been filed in this case, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the following conditions:

(i) The petitioner shall report before the I.I.C., Kegaon Police Station, District- Kalahandi being physically present on each Sunday for six months without fail.

(ii) He shall not involve himself in similar types of offences.

(iii) He shall cooperate with the investigation.

(iv) He shall not tamper with the evidence in any manner whatsoever.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

8. The BLAPL is accordingly disposed of.

(S.S. Mishra)

Judge

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Subhasis Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Apr-2024 18:44:48

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