Atmajyoti Nayak Vs State Of Odisha

Orissa High Court 28 May 2024 Bail Application No. 5342 Of 2024 (2024) 05 OHC CK 0274
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 5342 Of 2024

Hon'ble Bench

V. Narasingh, J

Advocates

T. Roy, K.K. Gaya

Final Decision

Allowed

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 420, 467, 468, 471
  • Prize Chits and Money Circulation Schemes (Banning) Act, 1978 - Section 3, 4, 5

Judgement Text

Translate:

V. Narasingh, J

1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with C.T. Case No.202 of 2024 pending on the file of learned J.M.F.C-V, Bhubaneswar, arising out of Special Crime Unit P.S. Case No.01 of 2024 for commission of offence alleged under Sections 420/467/468/471 of IPC & Sections 3/4/5 of PCMC Act.

3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Spl. Judge (CBI), Court No.I-cum-Addl. Sessions Judge, Bhubaneswar by order dated 07.05.2024 in the aforementioned case, the present BLAPL has been filed.

5. The Petitioner is in custody since 15.04.2024. An affidavit has been filed at the instance of the Petitioner, copy of which has been served on the learned counsel for the State and referring to the same, learned counsel for the Petitioner submits that the Petitioner, who is a student of XIM University and is a first offender, has to appear in Special Supplementary Examination schedule to be held from 04.06.2024 till 08.06.2024.

6. And, it is further brought to the notice of the Court on the basis of the documents annexed to the affidavit that the registration to appear in such Supplementary Examination has to be made on or before 31.05.2024 on paying Rs.5,000/- per course.

7. It is submitted with vehemence by the learned counsel that unless the Petitioner is released on interim bail, his career will be spoiled and such loss can never be compensated.

8. Learned counsel for the State on the other hand referring to nature of allegation, opposes the motion for release on interim bail, notwithstanding that he has to appear in the examination.

9. On considering the submission made at the Bar and keeping in view that the Petitioner is the first offender, is a student and scheduled to appear in the examination as noted, this Court directs the Petitioner to be released on interim bail till 19.06.2024. Terms to be fixed by the learned Court in seisin.

10. Further, it is directed that the Petitioner shall not in any way try to influence or intimidate any of the witnesses in the case at hand.

11. Additionally, it is directed that during the interim bail period the Petitioner shall not indulge himself in any other offence and shall not leave the jurisdiction of the Court in seisin.

12. It is needless to state that on expiry of the interim bail period, the Petitioner shall surrender on 20.06.2024.

13. List this matter on 24.06.2024.

14. Urgent certified copy of this order be granted in course of the day.

……………………….

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