Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.383 of 2025
Sri Ritesh @ Chowhan Jena
…. Petitioner Mr. L. Mohanty, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. P.K. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 17.01.2025
01.
1. Heard learned counsel for the petitioner and State.
2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.2613 of 2024 pending in the file of learned S.D.J.M., Berhampur corresponding to B.N. Pur P.S. Case No.0567 of 2024 on the grounds stated therein.
3. Perused the FIR as at Annexure-1 and the rejection order i.e. Annexure-2.
4.
Learned counsel for the petitioner submits that the petitioner is not directly involved in the alleged misappropriation but was engaged as a bodyguard of the co-accused, namely, Jagadish Behera, so revealed from the rejection order under Annexure-2. It is further submitted that the petitioner is in custody since 3rd December, 2024 and with such submission, he prays that the accused should be allowed to go on bail, but the same is objected to by Mr. Mohanty, learned ASC for the State on the ground that all the accused persons are involved in the alleged misappropriation and cheated the victims, who are aspiring for jobs.
5. Gone through the allegations made in the FIR as at Annexure-1. From the rejection order at Annexure-2, it appears that the petitioner was the bodyguard of the co-accused named above and he was alleged to be responsible for terrorizing the victims, who demand refund of money. Though good amount of money has been collected by the accused persons, but the petitioner happened to be the bodyguard of a co-accused, who is considered to be the mastermind and considering the same, this Court is of the view that the accused should be released on bail subject to following conditions.
6. Hence, it is ordered.
7. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.2613 of 2024 corresponding to B.N. Pur P.S. Case No.0567 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of learned S.D.J.M., Berhampur, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall report the I.O. concerned once in a week for the purpose of investigation and to continue to do so, till the investigation is concluded.
8. BLAPL stands disposed of.
9. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge
Rojina Designation: Junior Stenographer