Orissa High Court
Vishal Khandelwal vs State Of Odisha .... Opposite Party on 29 March, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 545 of 2023
Vishal Khandelwal .... Petitioner
Mr. D. Panda, Advocate
Mr. A. Dash, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
BLAPL No. 546 of 2023
Nigam Patra .... Petitioner
Mr. A. Dash, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
BLAPL No. 547 of 2023
Sudhansu Das .... Petitioner
Mr. A. Dash, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
29.03.2023 Order No.
03. 1. Memo of appearance filed by Mr. D. Panda, learned counsel for the petitioner is taken on record.
Page 1 of 52. Since all the cases i.e., BLAPL Nos.545, 546 and 547 of 2023 arise out of one FIR, on the consent of the learned counsel for the petitioners as well as State, they are taken up together and are disposed of by this common order.
3. Heard learned counsel for the petitioners and learned counsel for the State.
4. The petitioners are accused in connection with G.R. Case No.1197 of 2022, pending in the Court of the learned J.M.F.C.(1), Cuttack arising out of C.I.D. (Cyber Crime) P.S. Case No.12 of 2022, for alleged commission of offences under Sections 120-B/419/420/467/468/471/34 of IPC and Section 66- C/66-D of I.T. Act.
4.A. This is the second journey of the petitioners to this Court. Earlier their bail applications were not entertained during the currency of investigation and disposed of giving them liberty to move the learned Court in seisin post filing of final forms.
5. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Cuttack, by order dated 12.01.2023 in the aforementioned case, the present BLAPL has been filed.
6. It is submitted by the learned counsel that the petitioners are in custody since 13.09.2022 and as in the meanwhile charge sheet has been filed on 09.01.2023 and two of the co-accused namely Ajay Patra @ Ajay Kumar Patra and Aju Patra have since been released on bail by the learned Court in seisin by order dated 22.02.2023 in BLAPL No.145 of 2023, petitioners seek release on the ground of parity too.
Page 2 of 57. Learned counsel for the State opposes the prayer for bail on the ground that though the charge sheet has been filed but the investigation has been kept open under Section 173(8) Cr.P.C. inter alia to verify the financial implication in the matter.
8. It is the submission of the learned counsel for the State that taking into account the nature of allegations, it requires specialized investigation. Hence, when the investigation has been kept open, petitioners ought not to be released on bail and their release would derail the ongoing investigation and it would be difficult to get to the root of the matter.
9. It is submitted by the learned counsel for the petitioner (Vishal Khandelwal) in BLAPL No.545 of 2023 that even if the entire prosecution allegation is accepted at its face value, prima facie there is no material of any financial loss by the end users. The only allegation against the said petitioner is that using a Sim box alleged to have been provided by him without authorization bulk SMS were sent to MTNL consumers to up-date their MTNL KYC details.
10. Hence, it is stated that since charge sheet has been filed, as noted and as per the case of the prosecution the prospective users were asked to contact one Abhinash Varma and since he has not even been cited as co-accused, further continuance of the petitioner (Vishal Khandelwal) in BLAPL No.545 of 2023 in custody is punitive.
11. It is further submitted that merely because the investigation has been kept open under Section 173(8) Cr.P.C., since charge sheet has been filed in respect of role played by the petitioner (Vishal Khandelwal) in BLAPL No.545 of 2023 that Page 3 of 5 ought not to deter this Court from releasing him on bail, in view of the nature of the allegations.
12. On perusal of the materials on record and on consideration of the rival contention, this Court is persuaded to hold that not-withstanding the investigation being kept open under Section 173(8) of Cr.P.C., since charge sheet has already been filed and petitioner (Vishal Khandelwal) in BLAPL No.545 of 2023 resides within the territorial jurisdiction of the Court in seisin, he can be released on bail and put to terms to allay the legitimate concern of the learned counsel for the State Mr. Pradhan, ASC regarding the on-going investigation.
13. So far as the Petitioners namely Nigam Patra and Sudhansu Das in BLAPL No.546 and 547 of 2023 are concerned, it is seen that they have been implicated in the case at hand because they are employees of the petitioner in BLAPL No.545 of 2023.
14. It is apt to note that the co-accused who have been released on bail by the learned 1st Additional Sessions Judge, adverted to herein above are prima facie similarly placed with the co-accused in BLAPL No.546 and 547 of 2023.
15. Considering the nature of accusation and filing of the charge sheet, as noted, this Court directs the petitioners in BLAPL Nos.545, 546 and 547 of 2023 (Vishal Khandelwal, Nigam Patra, Sudhansu Das) respectively to be released on bail on such terms to be fixed by the learned Court in seisin.
16. Additionally, it is directed that the petitioners shall not leave the jurisdiction of the learned Court in seisin without its express permission and shall provide their contact details to the Page 4 of 5 Investigating Agency and shall appear as and when summoned and shall not in any way try to derail the ongoing investigation.
17. Accordingly, the BLAPLs stands disposed of.
18. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Santoshi Page 5 of 5