Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 65876 (ORI)

SUKANTA KUMAR NAYAK v. STATE OF ODISHA

BLAPL/355/2025 · 2025-01-21

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.355 of 2025 Sukanta Kumar Nayak … Petitioner Mr. A.K. Jena, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 21.01.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri PS Case No.398 of 2023 corresponding to GR Case No.458 of 2023 pending in the file of learned SDJM, Malkangiri, for commission of offences punishable under Section 420 of IPC, on the allegation of cheating the informant by getting the principal accused Rajat Patra introduced with the informant, who was assured by said Rajat Patra to provide a job by taking some money. 3. Heard, Mr. Asit Kumar Jena, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. At the outset, Mr. Asit Kumar Jena, learned counsel for the petitioner informs the Court that this is p. 2 the second bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and on going through the materials placed on record and taking into account the law laid down by the Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 and regard being had to the pre trial detention of the petitioner in custody since 15.12.2023, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance p. 3 with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law, (iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and (iv) the petitioner shall report attendance before the jurisdictional Police Station once in a week preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer