Orissa High Court
Kishan Badaseth vs State Of Odisha .... Opposite Party on 29 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8612 of 2023
Kishan Badaseth .... Petitioner
Mr. S. Mohapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
CORAM: JUSTICE V. NARASINGH
ORDER
29.08.2023 Order No.
01. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with C.T. Case No.273 of 2023, pending in the Court of the learned J.M.F.C., G.Udayagiri, Kandhamal, arising out of Raikia P.S. Case No.53 of 2023, for alleged commission of offences under Sections 420/406 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Balliguda, Camp at G.Udayagiri, by order dated 27.06.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 10.06.2023 and the allegation against him that while working as a Relationship Officer of the Fusion Micro Finance Company Ltd., he committed defalcation to the tune of Page 1 of 2 Rs.2,00,000/- inasmuch as he did not deposit the loan amount collected from the customers in the account of the Company.
5. It is stated by the learned counsel for the petitioner that the petitioner is the first offender.
6. Learned counsel for the State opposes the prayer for bail during currency of investigation.
7. Taking into account the nature of allegation and period in custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
8. Before releasing the petitioner on bail, the learned Court in seisin is called upon to verify criminal antecedent of similar nature. If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled.
9. Additionally, it is directed that the petitioner shall furnish unencumbered property security to the tune Rs.2,00,000/-(Rupees two lakhs) to the satisfaction of the learned Court in seisin which shall abide by the final outcome of the case at hand.
10. Accordingly, the BLAPL stands disposed of.
11. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH)
Ayesha Judge
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Reason: Authentication
Location: High Court of Orissa
Date: 30-Aug-2023 19:26:39
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