Orissa High Court
Sunil Kumar Naik vs State Of Odisha .... Opp. Party on 18 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 584 of 2023
Sunil Kumar Naik .... Petitioner
Mr. B.K. Ragada, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S.R. Roul, ASC.
Mr. S.K. Dash, Adv for the Informant
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 18.04.2023 ,
05. 1. Heard learned counsel for the Petitioner and for the State.
2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences under Sections 420/294/506 of IPC.
3. Perusal of the FIR reveals that while the Informant was working as Jr. Engineer at WESCO, one Sunil Kumar Naik (Present Petitioner) was working as a lineman. He introduced the complainant with one person namely Shiva Shankar Khilari who was investing money in the crypto currency. The Petitioner induced the Informant to deposit money and accordingly the informant deposited Rupees Thirty One Lakhs Ten Thousand on an assurance that he would get return double the deposited amount within one year. On ite maturity when the informant did not receive the refund asked him to return the money. The Petitioner refunded Rupees // 2 // Nine Lakhs Sixty Thousand did not return his rest amount to the Informant. On dated 21.12.2022 when the Informant met Shiva Shankar Khilar near Railway Station chowk and asked him to return his money, he used abusive words and also threatened him for dire consequences.
4. Considering the submission of the learned counsel for the Petitioner, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection Jharsuguda P.S Case No. 22 of 2023 corresponding to C.T Case No. 61 of 2022 pending in the court of learned S.D.J.M., Jharsuguda within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to cash deposit of Rs. 5,000/- (Rupees Five Thousand) only in the manner to be directed by the court to its satisfaction with further conditions as follows:-
(i) The Petitioner shall appear before the I.O. once in a week on such date and time as would be fixed by the I.O concerned till submission of the Final Forms as and when required and shall cooperate with the investigation;
(ii) Shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial;
(iii) Shall not threaten, intimidate or terrorize the Informant;
(iv) Shall not tamper with the prosecution evidence in any manner whatsoever, while on bail and Violation of any of the conditions shall entail cancellation of bail.Page 2 of 3
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6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Page 3 of 3