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Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Kendrapada P.S.Case No.203 of 2023 corresponding to G.R. Case No.2279 of 2023, now pending in the Court of learned Sessions Judge, Kendrapada under Sections 419, 420, 468, 471/ 34 of IPC.
Mr.Pratik, Nayak, learned counsel for the petitioner submitted that the petitioner is an employee in the Company of Mr.Aryabrata Tripathy who alongwith co-accused Navin allegedly manipulated the Mail I.D. and logo of Navayuga Infortech Pvt. Ltd.
On 04.10.2023, a report had been called for from the Investigating Officer whether the detention of the petitioner in custody is necessary for the purpose of investigation. In response to the same, Mr.A.P.Das, learned Addl. Standing Counsel has produced a report dated 07.10.2023 of the IIC Town P.S., Kendrapara, wherein he has stated as follows:
“On 24.08.2023 arrested Rebatikanta Mohapatra and Naveen Ashok and forwarded to the Court. But the principal accused namely Aryabrata Tripathy who is the Managing Director, D.K.Educator is still absconding to evade police arrest.
As the above fact and circumstances narrated above the detention of the petitioner Rebatikanta Mohapatra and Naveen Ashok is no more required for further investigation and obliged.”
The report is taken on record.
Considering the submission of the learned counsel, the nature of allegation against the petitioner and the period of his detention in jail custody, I am inclined to allow his prayer for bail.
Let the petitioner be released on bail by the learned Court below in seisin over the matter on such terms and conditions as may be deemed fit and proper by it including the condition that he shall appear before the Investigating Officer every Monday between 11.00 a.m. to 7.00 p.m. and as and when required for the purpose of investigation and shall cooperate with the investigation.
Violation of any condition will entail in cancellation of bail.
The BLAPL is accordingly allowed.
Urgent certified copy of this order be granted as per rules.
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