Orissa High Court
Vishal Pradhan vs State Of Odisha .... Opposite Party on 12 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5512 of 2023
Vishal Pradhan .... Petitioner
Mr. Somanath Satapathy, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
12.10.2023 Order No.
07. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The Petitioner is accused in connection with G.R No. 2781 of 2022, pending the Court of learned J.M.F.C., (Rural), Cuttack, arising out of Jagarpur P.S. Case No. 443 of 2022, for alleged commission of offences under Section 420 of IPC.
3. Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge, Spl. Judge(vig), Ctc, by order dated 22.03.2023 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 20.02.2023 and as the investigation has progressed substantially, he may be released on bail.
5. The accusation against the present petitioner is that he gave an advertisement in OLX for selling of second hand car and pursuant to which the informant paid a sum of Rs.3,00,000/- as down payment and further sum of Rs.3,20,000/-was to be paid after Page 1 of 2 handing over the vehicle and though initial sum of Rs.3,00,000/- was transferred to the accused-petitioner, the vehicle was not handed over and on being approached, the petitioner issued cheques, which were dishonored.
6. It is further submitted by the learned counsel for the petitioner that in respect of the cheques which has been dishonored, the informant has resorted to the remedy u/s-138 of the NI Act. Hence, further continuance of the petitioner in the case at hand is not warranted.
7. Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner.
8. Considering the period of custody and the age of the petitioner (20 years), this Court directs his release on bail on such terms to be fixed by the learned Court in seisin.
9. Before releasing the petitioner on bail, learned Court in seisin is requested to verify as to whether the petitioner has more than five criminal antecedents. If it comes to fore that the petitioner has more than five criminal antecedents, this order shall stand recalled.
10. Accordingly, the BLAPL stands disposed of.
11. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Oct-2023 20:37:18 Page 2 of 2