Orissa High Court
Anil Kumar Nayak vs State Of Odisha (Opid) .... Opposite ... on 20 January, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11491 of 2022
Anil Kumar Nayak .... Petitioner
Mr. J. Dash, Advocate
-versus-
State of Odisha (OPID) .... Opposite Party
Mr. A.K. Nayak, Adv., OPID
CORAM: JUSTICE V. NARASINGH
ORDER
20.01.2023 Order No.
03. 1. Heard Mr. Dash, learned counsel for the Petitioner and Mr. Nayak, learned counsel for the OPID.
2. The Petitioner is an accused in G.R. Case No.06 of 2022 pending on the file of learned Designated Court under OPID Act, Berhampur, arising out of Kabisurya Nagar P.S. Case No.191 of 2015 for commission of the offence under Sections 294/ 323/ 506/ 420/ 406/ 467/ 468/471/120-B IPC and Sections 4/5/6 of the Prize Chits & Money Circulation Schemes (Banning) Act and under Section 6 of the Odisha Protection of Interest of Depositors (in Financial Establishment) Act.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Designated Court under OPID Act, Berhampur, by order dated 10.11.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that in the charge sheet the Petitioner has been cited as an absconding accused in an offence stated to have been committed in the year 2015.
Page 1 of 25. Learned counsel submits that the Petitioner was working as an agent and even if the entire allegation of the prosecution is accepted at its face value, the only liability is Rs.2,50,000/-.
6. Learned counsel for the OPID states that the Petitioner has been cited as a promoter in the articles of association and hence, the submission that he is a mere agent and working to earn his livelihood cannot be accepted at its face value.
7. It is further submitted that to find out the complicity of the Petitioner, investigation is kept open under Section 173(8) Cr.P.C. Hence, release of the Petitioner at this stage would derail the further investigation.
8. Considering the nature of allegation and the role ascribed to the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
9. Additionally, it is directed that the Petitioner shall appear before the I.O once every week till conclusion of trial on such date and time specified by the learned Court in seisin. Certification of such appearance shall be submitted to the said Court.
10. While releasing the Petitioner on bail, learned Court below shall verify assertion regarding criminal antecedent of similar nature. If the Petitioner has any such antecedent, this order shall stand recalled.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge PKS Page 2 of 2