Jiban Mandal Vs State of Odisha

F.I.R	Dated	Police	Case No. and	Sections
No.		Station	Courts’ Name
388	19.12.2019	Laxmisa gar	C.T. Case No.6524 of 2019 pending in the Court of learned	Sections- 420/467/468/ 471/379/411/
			J.M.F.C.-IV, Bhubaneswar	414/34 of the IPC

The petitioner being in custody in connection with Laxmisagar P.S. Case No.388 of 2019, Corresponding to C.T. Case No.6524 of 2019 pending in the Court of learned J.M.F.C.-IV, Bhubaneswar registered for the alleged commission of offence

under Sections- 420/467/468/471/379/411/414/34 of the IPC , has filed this petition for his release on bail.

The brief fact of the case is that one Sanjay Kumar Sandha, S.I. of Police lodged a written report before the IIC, Laxmisagar P.S. on the ground that on 25.10.2019, one Chinmay Ranjan Sahu shown a vehicle to the informant for purchase. It is alleged that final amount was settled and the informant sent the amount of Rs.7,90,000/- to the Petitioner's account. However, after receiving such amount, said Chinmay Sahu did not handover the vehicle to the informant . Hence, this case.

Learned counsel for the Petitioner submits that the Petitioner has no complicity in the alleged crime and the Petitioner has been implicated in this case on the basis of confessional statement of the co-accused to the effect that the amount has been sent to the Petitioner’s account. He further submits that as it reveals from the F.I.R. story, the Petitioner has neither instigated anybody to purchase the vehicle and collecting the money from him. Therefore, the question of involvement of this Petitioner in the case is highly shrouded. He further submits that in the meantime, charge-sheet has been filed in this case. He further submits that the Petitioner is in custody since 20.12.2023. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the State vehemently opposes the bail prayer of the Petitioner in view of the nature of crime alleged against the Petitioner. He further submits that the Petitioner being the outsider and if the Petitioner would be released on bail, there is every possibility of his absconding during the course of trial. Hence, it is submitted to reject the bail petition.

Without going into the merit of the case and considering the facts and submission made and the period of detention of the Petitioner in custody, prayer of the Petitioner is allowed. Accordingly, it is directed that the Petitioner be released on bail in connection with the above mentioned case subject to furnishing a bail bond of Rs.2,00,000/-(Rupees two lakh) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter, who shall be at liberty to impose such other suitable conditions as deemed just and proper with further conditions that:-