Kundan Saha Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

Kundan Saha Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioners on bail in Jhirpani P.S. Case No.46 of 2024 / G.R. Case No.350 of 2024 on furnishing a bail bond of Rs.50,000/- each with two local solvent sureties each for the like amount, subject to further conditions including abstention from criminal activities and appearance before the trial Court on each trial date; violation entails cancellation of bail.

Issue for consideration

Whether the petitioners, in judicial custody since 12.11.2024 for offences under sections 420/379/120-B/34 of the Indian Penal Code triable by a Magistrate, should be released on bail under section 483 of the B.N.S.S., 2023 notwithstanding the criminal antecedents submitted by the State.

Court's answer

Granting of bail: considering that the petitioners are in judicial custody since 12.11.2024 and the offences are triable by Magistrate, the Court inclined to release them on bail even though the State submitted that there are a number of criminal antecedents.

Ratio / Principle

Terms of release: petitioners to be released on bail on furnishing a bail bond of Rs.50,000/- each with two local solvent sureties each for the like amount, with further conditions as the Court below deems just and proper, including that they shall not indulge in criminal activities and shall appear before the trial Court on each trial date; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail under S. 483 BNSS 2023 granted — Offences u/s 420/379/120-B/34 IPC (Jhirpani P.S. Case No.46 of 2024; G.R. Case No.350 of 2024; J.M.F.C. (Rural), Rourkela): petitioners Kundan Saha and Dhananjay Kumar Sharma, in judicial custody since 12.11.2024 and facing Magistrate-triable offences, released on bail by the High Court of Orissa after earlier refusal by the learned 2nd Additional Sessions Judge, Rourkela (order dated 15.02.2025); the State's submission of a number of criminal antecedents did not preclude the grant; bail ordered on a bond of Rs.50,000/- each with two local solvent sureties each for the like amount, conditioned on abstention from criminal activities and attendance before the trial Court on every trial date, failing which the bail is cancellable. BLAPL disposed of accordingly (S.K. Sahoo, J., 09.05.2025).

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2068 of 2025

1. Kundan Saha

2. Dhananjay Kumar Sharma

..... Petitioners

Represented By Adv. - Mr.Arun Ku. Budhia, Advocate

on behalf of

Mr.B.B.Routray, Advocate.

-versus-

State of Odisha

..... Opposite Party Represented By Adv. Mr.Jateswar Nayak, AGA

CORAM:

HONOURABLE MR. JUSTICE S.K. SAHOO

Order No.

ORDER

09.05.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application for bail under section 483 of the B.N.S.S., 2023 in connection with Jhirpani P.S. Case No.46 of 2024 corresponding to G.R. Case No.350 of 2024 pending before the learned court of the J.M.F.C. (Rural), Rourkela for alleged commission of offence under sections 420/379/120-B/34 of the Indian Penal Code.

The prayer for bail of the petitioners was rejected by the learned 2^nd Additional Sessions Judge, Rourkela vide order dated 15.02.2025.

Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 12.11.2024 and the offences are triable by Magistrate and

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after hearing the learned counsel for the State, who submitted that there are number of criminal antecedents, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioners shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is disposed of accordingly.

Issue urgent certified copy as per Rules.

(S.K. Sahoo) Judge

Basu

Signature Not Verified

Digitally Signed

Signed by: BASUDEV NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 10-May-2025 11:55:42

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