Aditya Narayan Mohanty vs State Of Orissa

V. Narasingh, J

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with G.R. Case No.441 of 2023, pending on the file of the learned S.D.J.M., Chatrapur, arising out of Chatrapur P.S. Case No.256 of 2023, for alleged commission of offences under Section 409 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Chatrapur, Ganjam, by order dated 20.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 31.03.2023.

The allegation against the petitioner is that during his incumbency as a LDC he was in-charge of Chatrapur fuel filling station since 01.12.2020 and post his retirement, on scrutiny it was found that during the period he was in-charge of Chatrapur fuel filling station an amount of Rs.31,36,855/- was misappropriated.

Learned counsel for the petitioner submits that since investigation has progressed substantially, the petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail since the allegation of swindling of public money is involved.

To assert his bonafide, it is submitted by the learned counsel for the petitioner by way of affidavit without prejudice to the petitioner’s rights to make a deposit of Rs.5,00,000/-(Rupees five lakhs) before the learned trial Court and on deposit of the same, he may be released on bail.

It is submitted by the learned counsel for the State that the amount is too meager.

Taking into account the nature of allegation being more or less based on documentary evidence and the age of the petitioner (62years) and since the investigation has progressed substantially, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally it is directed, in terms of the affidavit filed that the petitioner shall furnish a cash security to the tune of Rs.5,00,000/-(Rupees five lakhs) which shall be kept in an interest bearing account pledged in favour of the learned Court in seisin and shall abide by the final outcome of the case at hand.

It is further directed that the petitioner shall furnish unencumbered property security to the tune Rs.25,00,000/-(Rupees twenty five lakhs) to the satisfaction of the learned Court in seisin which shall abide by the final outcome.

It is needless to state here that both the cash security and the property security as directed does not in any way reflect the complicity of the petitioner and the same has to be adjudicated independently in the impending trial.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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