Orissa High Court
Nityanand Pradhan vs State Of Odisha .... Opp. Party on 10 August, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.7058 of 2023
Nityanand Pradhan .... Petitioner
M/s. Bidyadhar Pradhan, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC
M/s. Sangita Mohanty, Advocate
For the Informant
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.08.2023
02. 1. Heard learned counsel for the Petitioner, the Informant and the State.
2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.420/468/471/34 of IPC in connection with Khariar PS Case No.173 of 2023 corresponding to CT Case No.174 of 2023 pending in the court of learned JMFC, Khariar.
3. It is alleged that Chitrasen Pradhan, S/o-Chintamani Pradhan in connivance with Nityanand Pradhan adopted many fraudulent means and prepared some forged papers, produced in the Office of Lower Indra Irrigation Project, Khariar and the same person, in two different names, has taken the rehabilitation compensation amount twice in total Rs.7,71,597.
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4. It reveals from the case record that Chitrasen Pradhan and Rinku Pradhan is one person. Chitrasen Pradhan took the rehabilitation amount of Rs.2,10,000 and 2,76,000/- in the name of Rinku Pradhan, S/o-Chinta Pradhan. Rinku Pradhan has also taken again the rehabilitation amount of Rs.85,597/- and Rs.2,00,000/-. Chitrasen Pradhan is the nephew of the present Petitioner, who was the Secretary of Lower Indra Irrigation Bisthapita Samiti and he put his signature in the official vouchers of Special Land Acquisition Officer (Spl. L.A.O., LIIP), Khariar by identifying the said Chitrasen @ Rinku Pradhan in all the four different payments.
5. Learned counsel for the State submits that there is a Criminal Antecedent standing in the credit of the present Petitioner.
6. Keeping in view the fact and circumstances, having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned JMFC, Khariar in Khariar PS Case No.173 of 2023 corresponding to CT Case No.174 of 2023 within three weeks from today and move for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit.
7. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the Page 2 of 3 // 3 // second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on its own merit.
8. Case Diary be made available as per practice of the court to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioner on the same on the same.
9. It is made clear that the order passed herein is not in affirmative. The court shall apply its own wisdom in dealing with the application for bail allowing or rejecting the same taking into account the gravity of offence and severity of punishment. The ABLAPL is disposed of.
(Chittaranjan Dash) Judge AKPradhan Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SR. STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 11-Aug-2023 10:49:20 Page 3 of 3