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Judgment
R.K. Pattanaik, J
Heard learned counsel for the petitioner and State.
Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.1442 of 2022 pending in the file of learned J.M.F.C.(O), Bhubaneswar corresponding to Special Crime Unit P.S. P.S. Case No.03 of 2023 on the grounds stated therein.
Learned counsel for the petitioner submits that the chargesheet is already filed and in so far as the involvement of the petitioner is concerned, he alleged to have informed the victim to contact the other accused, namely, Bikash Chandra Panda, who is currently on bail by the Court’s order dated 21st December, 2023 in BLAPL No.13770 of 2023, considering which, he should as well be enlarged on bail on similar terms and conditions.
In reply, Mr. Patra, learned ASC for the State objects to the release of the petitioner on the ground that he has received an amount of Rs.2.8 lac from one Chinmay Dalai and a party to the transaction and directly responsible for the alleged mischief.
The investigation is over in so far as the petitioner is concerned. Mr. Patra, learned ASC for the State submits that chargesheet has been filed in the meantime keeping the investigation open. Admittedly, one of the accused persons, namely, Bikash Chandra Panda has been granted bail in BLAPL No.13770 of 2023. Referring the chargesheet, Mr. Patra, learned ASC for the State submits that the present accused has received an amount of Rs.2.8 lac. Considering the fact that the investigation is concluded vis-à-vis the petitioner and he has remained in custody since 4th September, 2023 and as in the meantime, the co-accused, namely, Bikash Chandra Panda is released on bail, the Court is of the view that he should be extended the same relief applying parity but subject to an additional condition for him to deposit cash security.
Hence, it is ordered.
In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.1442 of 2022 arising out of Special Crime Unit P.S. P.S. Case No.03 of 2023 subject to him furnishing a cash security of Rs.50,000/- which shall be kept in a fixed deposit with any Nationalized bank on the terms fixed by the court below and a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.(O), Bhubaneswar, who shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case with an additional condition, such as, he shall not tamper with evidence in any manner whatsoever, while on bail.
The BLAPL is disposed of.
Urgent certified copy of this order be granted as per rules and in course of the day.
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