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Judgment
S.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Chauliaganj P.S. Case No.315 of 2023 corresponding to G.R. Case No.1352 of 2023 for the offences under Sections-420/468/471/294/352/120-B/34 IPC pending in the learned J.M.F.C.-IV, Cuttack.
The petitioner is the Branch Manager of Muthoot Finance. It is alleged that on the basis of the forged certification regarding the genuineness of the gold, he has granted loan by accepting spurious gold for mortgage. Learned counsel for the petitioner submits that the Goldsmith who has given the certification on the basis of which he has sanctioned the loan is at large. Other co-accused persons have already been enlarged on bail.
Mr. Maharaj, learned Addl. Standing Counsel appearing for the State submits that the allegations are serious in nature. In the event this Court inclines to enlarge the petitioner on bail, stringent conditions should be imposed and there should be a direction to cooperate in the investigation.
The petitioner had approached the learned Additional Sessions Judge-cum-Special Judge (Vigilance), Cuttack, praying for grant of bail. The learned Court below vide its order dated 24.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody of the petitioner since 14.01.2024, the nature of accusation, I am inclined to admit the petitioner on bail subject to stringent such conditions to prevent the accused from committing similar offences.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and he shall not tamper with the evidence in any manner whatsoever. Subject to the further condition that the petitioner shall appear before the I.I.C., Chauliaganj Police Station once in a week on every Sunday for two months.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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