Orissa High Court
Rajesh Kumar Mohanty vs State Of Odisha ….. Opposite Parties on 24 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.13096 of 2024
Rajesh Kumar Mohanty ..... Petitioner
Represented By Adv. -
Bishnu Prasad Pradhan
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
S. Nayak, ASC
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA
BEHERA
ORDER
24.01.2025
Order No.
01. 1. This matter is taken up through hybrid mode.
2. The bail application under Section 439 of the
Cr.P.C., 1973 filed by the petitioner arising out of
Pirahat P.S. Case No.211 of 2024 in connection with
G.R. Case No.2342 of 2024 pending in the Court of the
learned S.DJ.M., Bhadrak is taken up into consideration.
3. I have already heard from the learned counsel for
the petitioner and learned Addl. Standing Counsel for
the State.
4. The petitioner is in jail custody since 23.09.2024
having been implicated under Sections 420, 419 read
with Section 34 of the IPC, 1860 on the allegations of
commission of criminal misappropriation of
Rs.13,51,000/- (rupees thirteen lakh fifty one thousand)
Page 1 of 4.
cheating the informant by taking away the said money
from him (informant) being associated with his wife
(Rasmita Pattanayak) in order to sell a plot to him, but,
subsequently, the petitioner being associated with his
wife did not sell any plot, but kept the above money of
the informant illegally with them.
Therefore, the informant lodged F.I.R. against the
petitioner and his wife and basing upon such F.I.R., case
was registered and investigation was started.
During investigation, first, the petitioner was
arrested on 23.09.2024 and thereafter his wife was
arrested on 22.10.2024 and accordingly, they were
forwarded to the Court after being booked with the
aforesaid offences and since then, he (petitioner) is in
jail custody.
5. Learned counsel for the petitioner submitted for
liberal consideration of his bail contending that, during
the staying of the petitioner inside the jail, the
investigation of the case has already been completed
due to submission of charge-sheet on dated 18.11.2024
under Sections 420, 419 read with Section 34 of the
IPC, 1860 against him (petitioner) and his wife
(Rasmita Pattanayak) and in the meantime, the co-
accused of the petitioner i.e. his wife (Rasmita
Pattanayak) has already been allowed to go on bail, as
his wife was interested for depositing Rs.5,00,000/-
(rupees five lakh) for her release on bail.
Page 2 of 4.
The learned counsel for the petitioner submitted
that, he (petitioner) is interested to deposit Rs.4,00,000/-
(rupees four lakh) as security for his release on bail.
6. When the petitioner is in jail custody for about 4
months and when the his co-accused has already been
allowed to go on bail and when the petitioner is
interested to deposit Rs.4,00,000/- (rupees four lakh) as
security for his release on bail like his wife, then at this
juncture, by taking the above factors into account, I find
no justification to disallow the prayer for bail of the
petitioner.
7. Therefore, the bail application filed by the
petitioner is allowed.
8. He (petitioner) is allowed to go on bail on
furnishing bail bond of Rs.50,000/-(rupees fifty
thousand) with two solvent sureties each for the like
amount to the satisfaction of the learned Court in seisin
over the matter with conditions that :-
(i) he (petitioner) shall not involve with similar
nature of crime in future;
(ii) he shall not terrorize, coerce, influence or threat
any witnesses of the prosecution including the
informant and his family members either directly or
indirectly in any manner till the conclusion of trial of
the case;
Page 3 of 4.
(iii) he shall appear before the Trial Court
personally in each date of adjournment of the case
without fail;
(iv) he (petitioner-Rajesh Kumar Mohanty) shall
furnish cash security to the tune of Rs.4,00,000/-
(rupees four lakh) only in the shape of S.T.D.R.
obtained from any Nationalized Bank initially for a
period of 6 months renewable from time to time till
final disposal of the case with an undertaking by the
petitioner that, the payment of the matured amount as
against the S.T.D.R. shall be subject to any order passed
under BNSS, 2023 including an order under Section
395 of the BNSS, 2023 by the Trial Court;
but in case of his failure to comply any of the
aforesaid conditions, the Court in seisin over the
matter is authorized to cancel his bail order out-
rightly without seeking any permission for the same
from this Court;
9. Accordingly, the bail application filed by the
petitioner is disposed of finally.
10. Grant certified copy of this order to the petitioner
on proper application.
(ANANDA CHANDRA BEHERA)
Judge
Utkalika
Signature Not
Verified Page 4 of 4.
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 24-Jan-2025 16:29:26