Appu Das @ Binod Chandra Behera Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

Appu Das @ Binod Chandra Behera Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail: Petitioner to surrender within one month from 18.07.2025 and move for bail, whereupon he shall be released on bail by the learned Court in seisin on terms deemed just and proper, subject to deposit of Rs.23,000/- at surrender and balance Rs.60,000/- in three equal monthly installments of Rs.20,000/- each; default of any installment entails automatic recall of the order; deposits are subject to final outcome and releasable to the Informant on execution of indemnity bond, if prayed for.

Issue for consideration

Whether the Petitioner (Appu Das @ Binod Chandra Behera) should be granted pre-arrest bail in connection with G.R. Case No.188 of 2025 (SDJM, Bhadrak) for offence under Sections 420/34 of IPC, and on what deposit conditions.

Court's answer

On surrendering within one month from 18.07.2025 and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to depositing Rs.23,000/-.

Ratio / Principle

The balance of Rs.60,000/- shall be paid in three equal monthly installments of Rs.20,000/- each.

Key takeaways

The first of the three installments shall fall due one month after the date of the order passed by the learned Court in seisin, and the learned Court in seisin shall fix the timeline for the deposit.ratio¶¶23
In the event of default of any one of the subsequent three installments, the order shall stand recalled without any further reference to this Court.ratio¶¶25
The deposits as made shall be subject to the final outcome and without prejudice to the rights of the parties.

Detailed headnote1 paragraphs

Pre-arrest bail - Orissa High Court (V. Narasingh, J.), 18.07.2025, ABLAPL No.4184 of 2025: Petitioner Appu Das @ Binod Chandra Behera sought pre-arrest bail in G.R. Case No.188 of 2025 (SDJM, Bhadrak), arising out of Bhadrak Rural P.S. Case No.32 of 2025, for offence punishable under Sections 420/34 of IPC, the allegation being defrauding of the informant to the tune of Rs.83,000/-. On the Petitioner's affidavit undertaking to deposit Rs.83,000/- in four installments, and the Informant's counsel agreeing, the Court directed that on surrender within one month and moving for bail, the Petitioner be released on bail by the learned Court in seisin on terms deemed just and proper, subject to deposit of Rs.23,000/- at surrender and balance Rs.60,000/- in three equal monthly installments of Rs.20,000/- each, the first falling due one month after the order of the Court in seisin, which Court to fix the deposit timeline; default of any installment entails automatic recall of the order without further reference; deposits are subject to final outcome, without prejudice, and releasable to the Informant on execution of indemnity bond, if prayed for. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4184 of 2025

Appu Das @ Binod Chandra Behera

Petitioner

Mr. S.R Rout, Advocate

-versus-

1. State of Odisha

…. Opposite Parties

2. Kumari Urmila Pallai

Mr. S.Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

18.07.2025

Order No.

05.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.188 of 2025 pending in the Court of learned SDJM, Bhadrak, arising out of Bhadrak Rural P.S. Case No.32 of 2025 for commission of offence punishable under Sections 420/34 of IPC.

The allegation against the Petitioner is that of defrauding the informant to the tune of Rs.83,000/- . 4. During the course of hearing, learned counsel for the Petitioner has filed an affidavit indicating the willingness of the Petitioner to deposit sum of Rs.83,000/- in four installments.

Learned counsel for the Petitioner, on instruction, submits that he will deposit Rs.23,000/- at the time of surrender in the first instance and balance

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Rs.60,000/- in three equal monthly installments of Rs.20,000/- each without prejudice to his rights and contentions.

Learned counsel for the Informant, on instruction, is also agreeable for the said arrangement. 7. Taking note of the same, It is directed that on surrendering within one month from today (18.7.2025) and moving for bail, he shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to depositing of Rs.23,000/

The balance of Rs.60,000/- will be paid in three equal monthly installments of Rs.20,000/- each.

The first of such three installment shall fall due, one month after the date of the order passed by the learned Court in seisin.

The learned Court in seisin shall fix the timeline for the deposit.

8A. In the event of default of any one of the subsequent three installments, this order shall stand recalled without any further reference to this Court. 9. The deposits as made shall be subject to the final outcome and without prejudice to the rights of the parties. The amount of Rs.23,000/- and subsequent installments undertaken to be deposited shall be released in favour of the Informant on his execution of indemnity bond, if prayed for.

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Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Jul-2025 19:18:51

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