A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.
3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Rajkanika P.S.Case No.165 of 2024 corresponding to G.R.Case No.410 of 2024 pending in the Court of the learned J.M.F.C.,Aul for alleged commission of offence under Section 408 of the Indian Penal Code.
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 is in custody since 18.04.2024. It is also contended by the learned counsel for the Petitioner that in the meantime the investigation has been progressed substantially and Charge Sheet is likely to be filed very soon. Referring to the F.I.R. allegation, learned counsel for the Petitioner submitted that the name of one Sagar has been named as principal accused and the name of the Petitioner does not appear in the F.I.R. So far the present Petitioner is concerned, it is alleged that he has collected Rs.71,980/- from the depositors of which Rs.39,040/- has been deposited and the balance amount of Rs.32,940/- is allegedly misappropriated. He further contended that since the Petitioner belongs to the locality, there is no chance of his absconding. It is also contended by the learned counsel for the Petitioner that the Petitioner does not have any criminal antecedents. On such ground learned counsel for the Petitioner submitted that the prayer for bail be allowed.
5. Learned Additional Standing Counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground that the investigation is still on. Further, learned Additional Standing Counsel submitted that in the event the Petitioner is released on bail he may abscond and in such eventuality delay would cause in concluding the investigation as well as the trial.
6. Having heard learned counsels for the respective parties as well as on careful examination of the materials on record and considering the seriousness of the allegations in the F.I.R. as well as the period of custodial detention, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/-(Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. While imposing condition by the learned court in seisin over the matter, he shall impose a condition on the Petitioner that the petitioner shall not indulge in similar criminal offence and shall appear before the trial court on each and every date fixed, shall appear before the Local Police Station once in a fortnight preferably on Sunday between 10 AM.. to 1 PM. and thereafter once in a month till conclusion of trial. Violation of any of the terms and conditions shall entail cancellation of bail.
7. In addition to the above, the Petitioner shall furnish a cash security of Rs.5,000/- (Rupees Five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.
7. The BLAPL is, accordingly, disposed of.
Issue urgent certified copy of this order as per Rules.
....…………………………..
