Rayan Saha Das vs State Of Odisha

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 22.04.2024 in connection with Cyber Crime & Economic Office (CC & EO) P.S. Case No.08/2024 corresponding to G.R. Case No.218 of 2024 pending in the Court of learned S.D.J.M., Champua, Keonjhar for the alleged commission of offence under Sections 419/420/465/467/468/471 of the IPC read with Section 66(D) of IT Act, 2000.

As per the FIR lodged by one Ajay Kumar Behera he had booked a credit card but received two instead of one. Intending to block one of the extra credit cards so received, he informed the bank but found that in the meantime the said credit card had been used by some persons and a sum of Rs.2,41,795.21 was debited from his account towards purchase of different articles. In course of investigation, it came to light that the petitioner was allegedly one of the persons involved in the fraudulent transaction.

Mr.  Nayak  learned  Senior  Counsel  appearing  along with  Mr.  A. Bhuyan would submit that the implication of the petitioner is entirely on the basis of the confessional statement of the co-accused. That apart, the informant has filed an affidavit in the Court below indicating that he has received the entire amount debited from his account and that the matter has been settled between him and the ICICI Bank.

Reference to the impugned order also reveals that such an affidavit was filed by the informant before the Court below. Under such circumstances, this Court finds no justified reason to keep the petitioner in custody any longer. The bail application is therefore allowed. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that the Court below shall insist upon two local solvent sureties.

Issue urgent certified copy as per rules.

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