Amit Kumar Sahoo vs State Of Odisha .... Opposite Party on 12 September, 2023

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Orissa High Court

Amit Kumar Sahoo vs State Of Odisha .... Opposite Party on 12 September, 2023

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 9600 of 2023

                 Amit Kumar Sahoo                 ....                     Petitioner
                                                       Mr. S.S. Dash, Advocate

                                            -versus-

             State of Odisha                      ....                 Opposite Party
                                                         Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH

                                           ORDER

12.09.2023 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 G.R. Case No.336 of 2023 pending in the Court of learned J.M.F.C.-I (Cog. Taking), Cuttack, arising out of Markatnagar P.S. Case No.79 of 2023 for commission of the alleged offence under Sections 420/294/506/34 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Additional Sessions Judge, Cuttack by order dated 24.07.2023 in the aforementioned case, the present bail application has been filed.

4. It is submitted by the learned counsel that the Petitioner along with his father have duped the informant of a sum of Rs.70,000/- with the assurance of providing Municipality shop in the newly constructed bus terminal.

5. Learned counsel for the Petitioner on instruction submits that charge sheet has been filed on 01.05.2023. Hence, taking into account the nature of allegations, he may be released on bail.

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6. Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioner inasmuch as it is submitted that the Petitioner along with his father have five cases of similar nature against them.

7. Taking into account the nature of allegation and filing of charge sheet, this Court directs the Petitioner to be released on bail on terms to be fixed by the learned Court in seisin.

8. Additionally, it is directed that the petitioner shall furnish a cash security to the tune of Rs.20,000/-(Rupees twenty thousand) which shall be kept in an interest bearing account pledged in favour of the learned Court in seisin and shall abide by the final outcome of the case at hand.

9. It shall be open to the informant to seek release of the amount in accordance with law.

10. It is further directed that one of the sureties shall be immediate member of the family of the petitioner other than the father who is a co-accused and the petitioner shall appear before the jurisdictional police station once every fortnight on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

11. It is needless to state here that the cash security as directed does not in any way reflect the complicity of the petitioner and the same has to be adjudicated independently in the impending trial.

12. Accordingly, the BLAPL stands disposed of.

13. Urgent certified copy of this order be granted as per rules.

Signature Not Verified (V. NARASINGH)

Digitally Signed                                                                          Judge
Signed by: AYESHA ROUT
Designation:   Junior Stenographer
            Ayesha
Reason: Authentication
Location: High Court of Orissa
Date: 13-Sep-2023 18:56:19




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