A.K. Mohapatra, J
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail relating to Cyber Crime & Economic P.S.Case No.05 of 2024 corresponding to G.R.(GN) Case No.150 of 2024 pending before the learned N.G.N.,Ghasipura for alleged commission of offence punishable under Sections 49,420/34,120-B, 465, 467, 468, 471 of the Indian Penal Code read with Section 66 C, 66 D of Information and Technology Act.
4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner, who is a student is languishing in custody since 25.01.2024. He further contended that investigation has progressed substantially and final Charge Sheet will filed very soon. Referring to the F.I.R., learned counsel for the Petitioner submitted that as per the F.I.R. allegation one Bishnu Prasad Sahoo collected the SIM card and handed over the same to the Petitioner and the Petitioner in turn sold the same to one Tapan Kumar Jena and Harihar Jena for Rs.200/- for each SIM card. When this illegalyl activated SIM card was detected and it was found that there was a racket operating, the Petitioner was arrested in the said case and he has been taken to custody. Learned counsel for the Petitioner also contended that the Petitioner is an innocent young boy and is prosecuting his study. Further, it is contended that the Petitioner is going to appear in the examination which will commence from 30.04.2023. It is also contended that since the Petitioner belongs to the locality, there is no chance of his absconding. He further contended that the Petitioner does not have any criminal antecedent. On such ground, learned counsel for the Petitioner contended that the Petitioner be released on bail on any terms and conditions.
5. Learned counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground that the allegation made in the F.I.R. are serious in nature. Further, it is contended by the learned counsel for the State that the Petitioner was collecting illegally activated SIM cards and was distributing to different persons and the investigation is still on. In the event the Petitioner is released on bail, he may abscond from justice, which eventually would cause delay in conclusion of investigation. Accordingly, learned counsel for the State contended that the prayer for bail of the Petitioner be rejected.
6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the role played by the Petitioner in the alleged crime as well as the period of custodial detention, and the fact that the Petitioner is a student and does not have any criminal antecedent, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.40,000/- (Rupees Forty Thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-
i) The Petitioner shall not be involved in any offence of similar nature while on bail;
ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,
iii) he shall not make any default in attending the court during trial on each date fixed without fail.
iv) he shall appear before the concerned Police Station once in a fortnight preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM for a period of three months and thereafter once in a month . till conclusion of the trial.
Violation of any of the terms and conditions shall entail cancellation of bail..
8. The BLAPL is, accordingly, disposed of.
9. Issue urgent certified copy of this order in course of the day.
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