Akshya Das @ Akshya Kumar Das @ Raja vs. State Of Odisha

1. This matter is taken up through hybrid arrangement.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner being in custody in connection with Malkangiri P.S. Case No.80 of 2024 corresponding to G.R. Case No.100 of 2024 pending in the Court of learned S.D.J.M, Malkangiri registered for the alleged commission of offences under Section 420 of the I.P.C read with Section 66(D) of the I.T. Act, has filed this application for his release on bail.

The brief fact of the case is that on 20.01.2024 the present Petitioner through an unknown number informed the complainant regarding her selection to get a sum of Rs.25,00,000/-. In order to get the said amount the complainant was informed to pay the GST amount. The complainant as per the said instruction deposited a sum of Rs.57,000/- in the account number provided by the Petitioner. Upon deposit of the said amount since the Petitioner again demanded some amount, the complainant lodged an F.I.R in the local Police Station. Upon lodging of the F.I.R and completion of investigation, the Petitioner was remanded in this case as he was booked in another case.

Learned counsel for the Petitioner contends that the Petitioner has not committed any such offences alleged against him. He further submits that though the name of the Petitioner has not been reflected in the F.I.R, he has been entangled in this case on suspicion. Learned counsel for the Petitioner, accordingly, prays for permitting the Petitioner to be released on bail.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL.

Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station in every fortnight on Monday between 10.00A.M. to 1.00P.M. till conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; iv. the Petitioner after the onset of monsoon (between June, 2025 to August, 2025), shall plant 100 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members.

The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful.

The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial.

The BLAPL is, accordingly, disposed of.