Bidyadhara Sahu @ Sahoo vs State Of Odisha

Savitri Ratho, J

This is an application under Section 439 Cr.P.C. in connection with Basudevpur P.S Case No. 720 of 2023 corresponding to G.R. Case No.1173 of 2023, pending in the file of the learned J.M.F.C., Basudevpur under Sections 420/465/467/468/471 of IPC.

The prayer for bail of the petitioner had been rejected vide order dated 02.01.2024 passed by the learned Asst. Sessions Judge, Basudevpur in Bail Application No.237 of 2023. Perusal of the rejection order reveals that when the prayer for bail was rejected, investigation was in progress.

The allegation against the petitioner as per the FIR lodged by one Surya Kuma Mohanty, Sub-Inspector of Basudevpur P.S. is that on letter from the Department of Telecommunication, Odisha, LSA vide letter No.DOT/OD/190/D/U/2023-24/08 dated 09.05.2023 and letter No.126/CID-CB-Cyber P.S. dated 17.05.2023 was received stating that credible information that a POS named Radhakant Electronics of Mamaragon, P.S. Basudevpur having POS Code 175395925 had issued 101 fake SIM belonging to Vodafone India Limited. Basing on the above information, as per the instruction of the IIC, Basudevpur P.S. a team was formed consisting of the informant and other officers to verify the allegation. On local and general inquiry it was found that the present petitioner who is the proprietor of Radhakant Electronics runs a distribution channel in Basudevpur area for Vodafone India Ltd. and he sells the SIM cards to various retail outlets in Basudevpur P.S. area. He was apprehended on 07.12.2023 and on interrogation he confessed that he had issued fake SIM cards in the year 2021 by using the biometrics of customers multiple times without their knowledge in order to achieve the sale target.

Mr.S.K.Sahoo, learned counsel for the petitioner submits that the petitioner is in custody since 08.12.2023 and has no criminal antecedents and has apparently issued fake SIM in order to earn some extra money and achieve his sale target.

Ms.S.Mishra, learned Addl. Standing Counsel opposes the prayer for bail stating that investigation is in progress and the actual nature of crime committed by the petitioner and consequences of his actions are yet to be un-earthed and he may tamper with the evidence if he is released on bail.

Considering the fact that investigation is in progress, I am not inclined to release the petitioner on bail at this stage.

The BLAPL is accordingly dismissed.

It is open to the petitioner to move for bail afresh after investigation is completed.

A copy of this order be handed over to Ms.S.Mishra, learned Addl. Standing Counsel for communication to the IIC, Basudevpur Police Station.

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

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