Orissa High Court
Bidyadhar Ranjit vs State Of Odisha Another ..... Opposite ... on 6 December, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9565 of 2024
Bidyadhar Ranjit ..... Petitioner
Represented By
Mr. Kuldeep Mohanty
-versus-
State of Odisha another ..... Opposite Party
Represented By
Mr. T.K. Achayra, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
Order No. 06.12.2024
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. The bail application under section 439 Cr.P.C. of the petitioner is taken up into consideration.
3. I have already heard from the learned counsel for the petitioner and the learned additional standing counsel for the State.
4. The petitioner is in jail custody having been implicated under section 419 and 420 of the IPC, 1860 read with section 66-C and 66-D of the I.T. Act, 2000 on the allegations alleged him that, he (petitioner) had collected Aadhar Cards of his neighbourers including the informant assuring them falsely to use the same in order to apply for Ration Cards, Pradhan Mantri Awas Yoyana and also for new Aadhar Cards and he(petitioner) had used the said Aadhar cards of his neighbourers and the informant fraudulently, for preparation of fake sim cards and he was selling the said fake sim cards in bunch wise at high prices to the truck drivers of U.P., Bihar and Jharkhand for their Page 1 of 4 personal gain and they(purchasers thereof) were using the said fake sim cards for commission of cybercrimes.
In that process, the purchasers of the fake sim cards have used the same for debiting Rs.2,95,528/- from the bank account of the informant through 60 numbers of transactions and accordingly the informant has been defrauded / cheated for Rs.2,55,528/-.
6. When the informant came to know about the debit of the aforesaid huge amount of money from his bank account getting message through his mobile phone which was linked with his; bank account, then he (informant) lodged FIR on dated 28.02.2024 before the Kolabira Police Station alleging the aforesaid allegations.
7. Basing upon such FIR, Kolabira Police Station case No.46 of 2024 was registered and investigation was started.
8. During the investigation, the petitioner was arrested on dated 1.07.2024 and was forwarded to the court after being booked with the aforesaid offences and since then, he (petitioner) is in jail custody.
9. I have already heard from the learned counsel for the petitioner and the learned additional standing counsel for the State.
10. The learned counsel for the petitioner submitted for liberal consideration of his bail contending that, he (petitioner) is in jail custody for about more than 4 months and during the staying of the petitioner inside the jail, the investigation of the case has already been completed and the petitioner has not taken any money from the account of the informant as per charge-sheet of the police, to which, the learned additional standing counsel vehemently objected contending that, as the petitioner is involved in preparation of fake sim cards and he has sold said fake sim cards and the said sold sim cards Page 2 of 4 have been used for commission of Cyber crimes, for which, he (petitioner) should not be allowed to go on bail.
11. When the petitioner is in jail custody since 11.07.2024 i.e., for about more than 4 months and when during the staying of the petitioner inside the jail, the investigation of the case has already been completed, for which, the presence of the petitioner before the investigating officer for the purpose of any custodial interrogation may not be required and when as per charge-sheet, the petitioner has not taken any money from the account of the informant, but only it has been alleged against him that, he has sold the fake sim cards and when the offences alleged against the petitioner are Magisterial triable in nature and when the main object of bail is to secure the attendance of accused during trial and when the house of the petitioner is under the jurisdiction of Baliapal P.S. in the district of Balasore, then at this juncture, by taking the above factors into account, instead of rejecting the bail application of the petitioner, it is felt proper to allow him(petitioner) to go on bail with stringent conditions looking to the interest of the prosecution.
12. Therefore, the bail application filed by the petitioner is allowed.
13. He(petitioner) is allowed to go on bail of furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter with conditions that:-
(i) He(petitioner) shall not involve in similar nature crime in future.
(ii) He(petitioner) shall cooperate with the investigation as and when required by the Investigating Page 3 of 4 Officer.
(iii) He(petitioner) shall not, terrorize, coerce, influence or threat to the informant and his family members and any witnesses of the prosecution either directly or indirectly in any manner whatsoever at any stage of the trial of the case,
(iv) He(petitioner) shall remain present personally on each date of trial of the case till its conclusion.
But in case of his failure to comply any one of the aforesaid conditions, the learned trial court in seisin over the matter is authorized to cancel his bail order outrightly without seeking any permission for the same form this court.
14. Accordingly, the bail application filed by the petitioner is disposed of finally.
15. Grant the certified copy of this order to the petitioner on proper application.
( A.C. Behera ) Judge Puspanjali Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 06-Dec-2024 18:18:13 Page 4 of 4