Bikash Singh @ Bikash Kumar Singh Vs State Of Odisha

Orissa High Court 17 Jul 2023 Bail Application No. 735 Of 2023 (2023) 07 OHC CK 0115
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 735 Of 2023

Hon'ble Bench

G. Satapathy, J

Advocates

M.B.Das, S.R.Sahoo

Final Decision

Disposed Of

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 34, 120(B), 420, 467, 468, 471
  • Information Technology Act, 2000 - Section 66(C), 66(D)

Judgement Text

Translate:

G. Satapathy, J

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No. 109 of 2022 arising out of Sonepur P.S. Case No.118 of 2022 pending in the file of learned S.D.J.M., Sonepur for commission of offences punishable under Sections 420, 467, 468,471, 120(B)/34 of the IPC read with Section 66(C)/66(D) of I.T. Act on the main allegation of committing cheating of Rs.70,42,900/-(Seventy lakhs forty two thousand nine hundred only) along with co-accused persons.

3. In the course of hearing of bail application, Mr.M.B.Das, learned counsel for the petitioner submits that the present petitioner has been implicated in this case on the basis of his confession and there is absolutely no materials against the petitioner to find out any prima facie case against him and the petitioner having detained in custody for near about a year may kindly be granted bail.

4. On the other hand, Mrs. S.R.Sahoo, learned ASC submits that the present petitioner is a habitual offender and another three cases of similar nature for committing fraud upon the Government and taking away lakhs of rupees from its Account are pending against the petitioner in three States and therefore, the present petitioner should not be granted bail.

5. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the number of criminal cases reported against the petitioner in two other different States for selfsame allegation of committing forgery leading to cheating of lakhs of rupees from the Account of Government Offices and taking into account the other circumstance on record in entirety including the alleged amount involved in this case, this Court is not inclined to grant bail to the present petitioner at this stage.

Hence, the bail application of the petitioner stands rejected.

6. Accordingly, the BLAPL stand disposed of.

7. Issue urgent certified copy of the order as per Rules.

…………………………

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