Rajesh Kumar Tripathy 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 G.R. Case No.422 of 2023 pending on the file of learned S.D.J.M, Balangir, arising out of Balangir Town P.S Case No. 141 of 2023 for commission of the alleged offence under Sections 467/468/471/34 IPC.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Balangir by order dated 17.04.2023 in the aforementioned case, the present BLAPL has been filed.

It is the submission of the learned counsel that the Petitioner is the victims of forgery done by the co-accused persons who are running a coaching centre in the name of “Reliance Educational Complex” and the certificates issued by the said coaching centre of Board of High School and Intermediate Education, Uttar Pradesh were found to be fake while he applied for the post of Grameen Dak Sevak in the Postal Department.

It is the further submission that the Petitioner is the victim of the circumstance and his further continuance in custody is not warranted.

It is stated that the Petitioner is similarly placed with the co-accused who has been released on bail by order dated 4.5.2023 in BLAPL No.4871 of 2023. Hence, inter alia, on the ground of parity, he seeks release the Petitioner on bail.

Learned counsel for the State, on the other hand, opposes the prayer for bail during currency of investigation and submits that the manner in which the marks were reflected in the certificate goes to prove that the Petitioner is fully aware that the same are fake and his mens rea is tell tale. Therefore, he ought not to be released on bail at this stage when investigation is still continuing.

This Court is of the prima facie view that the Petitioner is similarly placed with the co-accused who has since been released on bail.

Considering the release of the co-accused, period in custody, nature of allegations and progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the Petitioner shall not leave the jurisdiction of the learned Court in seisin without prior permission and without intimating the Investigating Officer and shall appear before the jurisdictional police station once a month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

The BLAPL thus stands disposed of.

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

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