Orissa High Court
Subham Priyadarshi vs State Of Odisha & Another .... Opposite ... on 10 August, 2021
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7192 of 2020
Subham Priyadarshi .... Petitioner
Mr.Dharanidhar Nayak, Senior, Advocate
-versus-
State of Odisha & another .... Opposite Parties
Mr. Manoj Ku. Mohanty, A.S.C
Mr. P.Mohanty, Advocate
(for informant).
BLAPL No.7431 of 2020
Koushlendra Kumar @ Lallu .... Petitioner
Mr.Dharanidhar Nayak, Senior, Advocate
-versus-
State of Odisha & another .... Opposite Parties
Mr. Manoj Ku. Mohanty, A.S.C
Mr. P.Mohanty, Advocate
(for informant).
BLAPL No.8021 of 2020
Akash Kumar .... Petitioner
Mr.Dharanidhar Nayak, Senior, Advocate
-versus-
State of Odisha & another .... Opposite Parties
Mr. Manoj Ku. Mohanty, A.S.C
Mr. P.Mohanty, Advocate
(for informant).
CORAM:
JUSTICE S.K. PANIGRAHI
ORDER
10.08.2021 Order No.
8. BLAPL Nos.7192, 7431 & 8021 of 2020.
1. These matters are taken up by video conferencing mode.
2. Since the facts in the above Bail Applications are common in nature, the same are analogously disposed of by this common order.
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3. Heard learned counsel for the petitioners and learned counsel for the State.
4. The petitioners are in custody in connection with Cyber Crime P.S. Case No.6 of 2019 corresponding to G.R.Case No.78 of 2019 pending in the court of the learned S.D.J.M., Titlagarh, registered for the alleged commission of offence under Sections 419/420/ 468/471/34 of the I.P.C. read with Section 66(C)/66(D) of the I.T.Act, have filed these application under Section 439 of CrPC for their release on bail.
4. The case, in nutshell, is that the informant was interested in opening a Reliance Petrol Pump at Titlagarh and applied for the same with the help of his nephew, Sailesh P. Goel. The said Sailesh checked the website www.reliancepetroleum.org and applied for petrol pump on behalf of the informant. Thereafter, he received a phone call from one Rahul Barhma from the mobile number 7352686159. Further, the informant provided him with the contact number of his nephew Sailesh Goel and his email [email protected]. Thereafter, he mailed all the documents and forms from this mail id to [email protected]. Further he has credited a total amount of Rs.14,57,300/- to Acc. No.3187889083, Canara Bank, IFSC-CNIB0001 at various instances such as registration fees, insurance fees, argument fees and license fees for opening the petrol pump through RTGS/NEFT. When he visited Reliance Petroleum at Bhubaneswar to enquire as to why there was no site visit, he came to know that all the Page 2 of 4 // 3 // transactions have been made to fake identities. Thereafter the informant lodged the written report in the police station.
5. Learned counsel for the petitioners submits that charge-sheet has already been submitted and the petitioners are in custody since 29.11.2019. He further submits that the petitioners have no role to play in the creation and use of fake website of Reliance Petroleum and fake bank accounts for the commission of alleged offences. The petitioners have been made to believe that they were working in the customer care division of Reliance Petroleum as stated by one Kallu, who belongs to Patna, Bihar. Further, from the bare perusal of the FIR and the materials, the petitioners cannot be linked to the alleged offences. Hence, the petitioners are not involved in the commission of the alleged offences and are entitled to bail.
6. Learned counsel for State vehemently opposed the bail prayer of the petitioner.
7. Considering the submissions made, facts and circumstances of the case and the period of detention, it is directed that the petitioners be released on bail in the aforesaid case with some stringent terms and conditions including the condition that they shall deposit the disputed amount in this present case i.e. Rs. 14,57,000/- before the learned court in seisin over the matter with further conditions that:-
Page 3 of 4// 4 // i. the petitioners shall appear before the learned trial court on each date of posting of the case; ii. they shall not indulge in similar activities in future and iii. they shall not tamper the evidence of the prosecution witnesses in any manner.
8. Violation of any of the conditions shall entail cancellation of the bail.
9. The BLAPLs are accordingly disposed of.
10. Urgent certified copy of this order be granted on proper application.
( S.K.Panigrahi ) Judge Gs Page 4 of 4