Orissa High Court
Prasanta Pradhan @ Prasanta vs State Of Odisha .... Opposite Party on 5 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10786 of 2024
Prasanta Pradhan @ Prasanta .... Petitioner
Kumar Pradhan
Mr. S.P. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. G. Mohanty, SC
CORAM:
JUSTICE A.C. BEHERA
ORDER
Order No. 05.11.2024
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. This bail application under Section 439 of Cr.P.C. of the petitioner arising out of C.T. Case No.1005 of 2023 in connection of Badagad P.S. Case No.0607 of 2023 pending in the Court of learned J.M.F.C.-IV, Bhubaneswar is taken up for consideration.
3. I have already heard from the learned counsel for the petitioner and the learned Standing Counsel for the State.
4. The petitioner has been charge sheeted under Section 406 of the IPC, 1860 on the allegation of commission of breach of trust of Rs.12,50,000/- while he was working as a manager of the informant.
The petitioner is in jail custody since 19.08.2024. The learned counsel for the petitioner submitted for liberal consideration of bail of the petitioner on the ground of his considerable period of detention.
The learned counsel for the petitioner also agrees to deposit Rs.2,50,000/- as a security deposit for the release of the petitioner on // 2 // bail, to, which, learned Standing Counsel for the State vehemently objected contending that, this is an economic offence and he (petitioner) has committed criminal breach of trust of huge amount of money to the tune of Rs.12,50,000/-,for which, he should not be allowed to go on bail.
5. When, during the staying of the petitioner inside the bar, the investigation of the case has already been completed, for which, the presence of the petitioner before the investigating officer for the purpose of investigation may not be required. That too, the offence alleged against the petitioner is magisterial triable in nature.
Therefore, by taking the considerable period of detention of the petitioner inside the bar and the aforesaid submissions of his learned counsel into account, it is felt proper to allow him (petitioner) to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with the conditions that:-
(i) he (petitioner) shall not involve with similar nature of crime in future;
(ii) he (petitioner) shall remain present personally before the Trial Court on each date of adjournment of the case till its conclusion without fail;
(iii) he (petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case;
(iv) he shall furnish cash security to the tune of Rs.2,50,000/-
(rupees two lakh fifty thousand) only in the shape of STDR obtained from any nationalized bank initially for a period of 6 months, renewable from time to time till final disposal of the case with an // 3 // undertaking by the petitioner that, the payment of the matured amount as against the STDR shall be subject to any order passed under the BNSS, 2023 including an Order under Section 395 of the BNSS, 2023 by the learned Trial Court, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court.
6. Accordingly, the bail application of the petitioner is disposed of finally.
7. Grant certified copy of this order to the petitioner on proper application.
( A.C. Behera ) Judge Rati Ranjan Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India.
Date: 05-Nov-2024 19:05:30