IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11044 of 2024 Manoj Sutar …. Petitioner Mr. Asit Ku. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K.Sahoo, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.07.2025 I.A. No.325 of 2025 7. 1. Heard Mr. Jena, learned counsel for the petitioner and Mr. Sahoo, learned ASC for the State. 2. Instant I.A. is filed for dispensing with the condition to deposit cash security directed by this Court while disposing of BLAPL No. 11044 of 2024 on 15th January, 2025 for the reasons stated. 3. Mr. Jena, learned counsel for the petitioner submits that the petitioner is not able to arrange the cash surety of Rs. 1 lac and despite such an order of release, he is still in custody since January, 2025 and therefore, the said condition is required to be waived. 4. Recorded the objection of Mr. Sahoo, learned ASC for the State. 5. The petitioner is alleged of having cheated the informant, hence, stands chargesheeted for an offence under Section 420 IPC. The allegation is that the petitioner received an amount of Rs.4.5 lac from the informant and cheated the latter on the promise of providing him a job and consequently, in view of the report lodged, Malkangiri P.S.Case No.760 dated 28th December, 2023 was registered under Section 420 IPC. 6. Since, it is claimed that the petitioner is having no means to arrange the surety, recording the objection of Mr. Sahoo, learned ASC for the State and alive to the settled legal position that any such condition, if onerous, virtually amounts to denial of bail, the Court is of the humble view that the petitioner, who is in custody even after the Court’s order in BLAPL No. 11044 of 2024, should be directed to furnish property surety for the same amount instead as the same would serve the purpose and meet the ends of justice. 7. Accordingly, it is ordered. 8. In the result, I.A. stands allowed modifying the Court’s order dated 15th January, 2025 in BLAPL No. 11044 of 2024 directing the petitioner to furnish property security for an amount of Rs. 1 lac and accordingly to be released thereafter fulfilling other conditions imposed by this Court. 9. A certified copy of the order be issued as per rules and in course of the day. (R.K. Pattanaik) Judge kabita Designation: Secretary