Orissa High Court
Santosh Kumar Swain vs State Of Odisha ... Opposite Party on 17 February, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9540 of 2022
Santosh Kumar Swain ... Petitioner
Mr. T.P. Tripathy, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. P.K. Pattnaik, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER
17.02.2023 Order No.
08. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.681 of 2019 arising out of CID CB Cyber Crime P.S. (Cuttack) Case No.14 of 2019 pending in the file of learned S.D.J.M., Khurda, for commission of offences punishable under Sections 419/ 420/ 465/ 468/ 471/ 506/ 34 of IPC read with Section 66(C)/66(D) of I.T. Act, but subsequently charge- sheeted for commission of offences punishable under Sections 419/ 420/ 465/ 468/ 471/ 34 of IPC read with Section 66(C)/66(D) of I.T. Act, on the allegation of committing online fraud by purchasing Page 1 of 5 one website from godaddy.com and letting it to the co-accused for committing financial fraud.
3. In the course of hearing of the bail application, Mr. T.P. Tripathy, learned counsel for the petitioner submits that although the petitioner has been arrayed as an accused in this case, but no over tact has been attributed against the petitioner for committing any financial fraud and, if the materials on record are taken into consideration, the only thing appears against the petitioner is that he is the owner of the website, but no monetary transaction has been done or received by the petitioner either in his account or in any form and co-accused Manoranjan Biswal, against whom there is some allegation of committing fraud, has already been granted bail. It is also submitted by him that the present petitioner has been remanded to custody since 07.01.2022 and, thereby, the investigation having already been completed, there would not be any Bar for release the present petitioner on bail. On the aforesaid submission, learned counsel prays to grant bail to the petitioner on any stringent condition.
4. On contrary, Mr. P.K. Pattnaik, learned AGA, however, strongly opposes the bail application of the petitioner, but he, however, does not dispute about the fact of no money transaction in the account of the present petitioner. Mr. Pattnaik, learned AGA, Page 2 of 5 however, submits that since the further investigation is going on, some money transaction can be unearthed. On the aforesaid submissions, learned AGA prays to reject the bail application of the petitioner.
5. After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre trial detention of the petitioner since 07.01.2022 and charge-sheet having already been submitted in this case and on going through the materials placed on record as well as taking into consideration the release of co-accused Manoranjan Biswal on bail, against whom some allegation of financial fraud is directed, this Court admits the petitioner to bail.
6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioner shall not commit any offence while on bail, Page 3 of 5
(ii) the petitioner shall appear before the Court in seisin of the case on each and every date of posting without fail unless his attendance is dispensed with,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and,
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody,
(v) the petitioner shall deposit his Passport, if any, in the Court in seisin of the case till conclusion of trial, unless he is permitted to take back such Passport to use for specific purpose during the pendency of the case,
(vi) the petitioner shall inform the Court as well as the I.O. as to his place of residence during the trial/investigation by providing his mobile number(s), residential address, e-mail, if any, and other documents in support of proof of his residence.
(vi) the petitioner shall not leave the country without prior permission of the Court in seisin of the case.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.
Page 4 of 5It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for similar type of offences in future on prima facie accusations may be considered as a ground for cancellation of bail in this case.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge Subhasmita Page 5 of 5