Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1543 of 2025
Basanta Kumar Behera
…. Petitioner Mr. J. Panda, Advocate
-Versus-
State of Odisha …. Opposite Party
Mrs. U. Padhy, ASC Mr. A.S. Paul, Advocate (Informant)
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 04.03.2025
01.
1. Heard Mr. Panda, learned counsel for the petitioner and Mrs. Padhy, learned ASC for the State.
2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Bharatpur P.S. Case No.816 of 2024 corresponding to C.T. No.2273 of 2024 pending in the file of learned J.M.F.C.-V, Bhubaneswar on the grounds stated therein.
3. In course of hearing, Mr. Panda, learned counsel for the petitioner submits that out of a civil dispute, FIR was lodged as the petitioner had never any intention to cheat the informant. It is claimed that the petitioner was the supplier of cement to the informant and had received Rs.6,50,000/- (rupees six lakh fifty thousand) and it was on account of an agreement between the two
and considering the same and nature of dispute and custody from 20th January, 2025, the petitioner should be allowed to go on bail with any conditions.
4. Mr. Paul, learned counsel for the informant is present and requests for a copy of the petition, which is accordingly directed to be served on him immediately.
5. Mrs. Padhy, learned ASC for the State requests for time to collect the case diary.
6. However, considering the allegation made to appear from the rejection order i.e. Annexure-1 and a copy of the FIR produced today, this Court is inclined to dispose of the petition on merit with the consent of both the sides.
7. As per the FIR, such an alleged amount has been received by the petitioner in course of transaction as a cement supplier. Since the dispute arose, the FIR was lodged alleging cheating by the petitioner. Considering the above facts and the submissions of
learned counsel for the respective parties and the fact that the petitioner appears to have failed to supply cement to the informant and hence, report was lodged and he having remained in custody from the date of arrest, this Court is inclined to release him on bail subject to following conditions.
8. Hence, it is ordered.
9. In the result, the petition under Section 483 BNSS stands
disposed of with a direction to release the petitioner on bail in connection with Bharatpur P.S. Case No.816 of 2024 corresponding to C.T. No.2273 of 2024 subject to him furnishing a bail bond of
Rs.50,000/-(Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.-V, Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.
10. The BLAPL is disposed of.
11. Urgent certified copy of this order be granted as per rules.
Alok (R.K. Pattanaik) Judge Designation: Asst. Registrar-Cum-Senior Secretary