S.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard Mr. Pitambar Acharya, learned Senior Advocate appearing for the petitioner and Mr. Soubhagya Ketan Nayak, learned Additional Government
Advocate appearing for the State of Odisha.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with CID (CB) Cyber Crime P.S. Case No.26 of
2020 corresponding to C.T. Case No.4053 of 2020 pending in the Court of learned S.D.J.M., Bhubaneswar for offences punishable under sections
419, 420, 467, 468, 469, 471 and 120-B of the Indian Penal Code and sections 66-C, 66-D of the Information Technology Act, 2000.
The petitioner moved an application for bail before the learned 3rd Additional Sessions Judge, Bhubaneswar, which was rejected on 29.07.2021.
Learned counsel for the petitioner submitted that the petitioner was taken on remand in this case on 07.12.2020 and when he approached this Court
first time for bail in BLAPL No.502 of 2021, the same was rejected as per the order dated 17.06.2021 mainly, taking into account the nature and
gravity of the accusation and the fact that investigation on some important aspects were under progress and there is reasonable apprehension of
tampering with the evidence. Learned counsel further submitted that in the meantime, final charge sheet has already been submitted and Rs.47.50
lakhs (rupees forty seven lakhs fifty thousand) which is stated to have been taken from seven persons with assurance of providing them job has
already been deposited before the learned S.D.J.M., Bhubaneswar by the co-accused Pradeep Kumar Panigrahi, who was directed to be released on
bail by this Court in BLAPL No.9008 of 2020 as per order dated 24.02.2021. It is further submitted that another co-accused, namely, V. Sarveswar
Rao has already been released on bail by this Court in BLAPL No.162 of 2021 as per order dated 02.06.2021 and the petitioner is similarly situated. It
is further contended by the learned counsel for the petitioner that in five other cases, the petitioner has already been released on bail in BLAPL No.28
of 2021 as per order dated 01.03.2021 in connection Kharbel Nagar P.S. Case No.292 of 2020, in BLAPL No.2358 of 2021 as per order dated
09.06.2021 in connection with Golanthara P.S. Case No.374 of 2020, in BLAPL No.3820 of 2021 as per order dated 25.06.2021 in connection with
Baidyanathpur P.S. Case No.81 of 2021, in V.G.R. Case No.41 of 2020 as per order dated 27.01.2021 in connection with Cuttack Vigilance P.S.
Case No.06 of 2020 passed by the learned Special Judge (Vigilance), Bhubaneswar and in B.A. No.218 of 2021 as per order dated 18.03.2021 in
connection with Golanthara P.S. Case No.07 of 2021 passed by the learned 1st Additional Sessions Judge, Berhampur and since there is no chance of
absconding of the petitioner, the bail application of the petitioner may be favourably reconsidered. Learned counsel produced the bail order copies,
which are taken on record.
Mr. Soubhagya Ketan Nayak, learned Additional Government Advocate, on the other hand, submitted that the bail application of the petitioner was
earlier rejected with a reasoned order and charge sheet has been submitted on 10.02.2022 under sections 419, 420, 467, 468, 469, 471 and 120-B of
the Indian Penal Code and sections 66-C, 66-D of the Information Technology Act, 2000 and there is no change in the circumstances after the
rejection of the earlier bail application rather the submission of final charge sheet has strengthened the prosecution case and therefore, the application
of the petitioner should not be reconsidered. Learned counsel for the State however has not disputed that the amount involved in this case so far as
cheating to the job aspirants is concerned is Rs.47.50 lakhs, which has already been deposited by the co-accused Pradeep Kumar Panigrahi as per
order dated 24.02.2021 passed by this Court in BLAPL No.9008 of 2020.
Considering the submissions of the learned counsel for the respective parties, the nature of accusation against the petitioner, since the petitioner has
already been released on bail in other cases, the co-accused persons have also been released on bail, the amount of cheating involved in the case has
been secured as the same has been deposited by the co-accused in the Court below as per the order of this Court and further taking into account the
period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.5,00,000/- (rupees five lakhs) with two local solvent sureties
each for the like amount to the satisfaction of the Court in seisin over the matter along with the following conditions :
(i) the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the prosecution evidence;
(ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the police or to the Court;
(iii) the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial;
(iv) the petitioner shall not leave the State of Odisha without prior permission of the Court concerned;
(v) the petitioner shall surrender his passport if possessed by him before the Court below and if he does not possess passport, he shall file an affidavit to that effect
before the Court below;
(vi) the petitioner shall not give any press interviews and shall not make any public comment in connection with this case qua him or other co-accused to print and
electronic media.
Violation of any conditions shall entail cancellation of bail.
BLAPL is accordingly disposed of.
A copy of the order be handed over to the learned counsel for the State for information.
Issue urgent certified copy as per Rules.
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