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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
The Petitioner is in custody since 02.8.2023 in connection with C.T. Case No. 425(A) of 2021 in relating to C.T.Case No.
82 of 2023, arising out of E.O.W. P.S. Case No.11 of 2021, now pending in the Court of the learned P.O. Designated Court under the O.P.I.D. Act, Cuttack, Odisha, for the alleged commission of the offence under Sections 409/420/467/465/ 471/120-B of the I.P.C. read with Section 66/66(c)/66(d) of I.T. Act. I
The prosecution case as per F.I.R. lodged on behalf of M/s. Varushapriya Agro Tech Pvt. before the I.I.C. of Bharatpur P.S., one Srinath Rana being the Proprietor of Tanini Auto Agencies was appointed as Company representative and authorized to sell transplanters to the former beneficiaries. Said Srinath Rana engaged other firms for such purpose including a firm belonging to the Petitioner named, Subhalaxmi Traders. It is further alleged that the Company misappropriated the subsidy amount meant for the farmers by fraudulently showing sale of transplants to them. In the process more than Rs.55 lakhs was misappropriated by the Company and its agents.
Learned State counsel has obtained instructions that in so far as the Petitioner is concerned, a sum of Rs.3,43,000/- was credited to his account. Further investigation in is in progress. However, in the meantime, the co-accused persons including Srinath Rana have been released on bail as per order passed by this Court. Since the Petitioner stands more or less on the same footing as the said co-accused person, I find no reason to treat him differently.
Considering the above facts as also the period of detention of the Petitioner in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the following conditions;
(i) The Petitioner shall furnish cash security of Rs.1,00,000/- (Rupees one lakhs) in the shape of short-term fixed deposit in any Nationalized Bank be placed to the Court below. Such deposit shall be without prejudice to the rival contention.
(ii) He shall surrender his passport, if any, before the Court below.
(iii) He shall fully cooperate with the I.O. in the ongoing investigation as and when required, and
(iv) He shall personally appear before the learned court below on each date of posting of the case and in case of even single default, necessary orders shall be passed to take him to custody again.
The BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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