D.Madhab @ Desity Madhab vs. State Of Odisha

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

This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences under Sections-419/420/34 of IPC.

Perusal of the FIR reveals that the husband of the Informant is working as Mechanic in Gopalpur Port and staying there, during his stay at Gopalpur One D. Madhab of Makarjhol under Ganjam District kept relationship with her husband. In the meantime, while the Petitioner gave assurance to supply 09 nos. of Hyva vehicles and took 1.5 Lakh in account and cash of Rs. 70,000/- by hand (T) his nephew V. Sangram Patra, thereafter took total cash of Rs. 7, 25,000/- by giving assurance for business in DT Traders GST, but he neither supplied Hyva vehicles nor refunded money since that time the Petitioner absconded and did not turn up.

Considering the submission of the learned counsel for the Petitioner, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection Dhenkanal Town P.S Case No. 614 of 2022 corresponding to G.R. Case No. 1482 of 2022 pending in the court of learned S.D.J.M., Dhenkanal within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to cash deposit of Rs. 10,000/- (Rupees Ten Thousand) only in the manner to be directed by the court to its satisfaction and production of valid registration certificate with further conditions as follows:- (i)The Petitioner shall appear before the I.O. once in a week on such date and time to be fixed by the I.O. concerned till submission of Final Form as and when required and shall cooperate with the investigation; (ii) Shall also appear before the trial court on each date of trial unless specifically exempted or consider the prayer U/s. 317 Cr.P.C; (iii) Shall not threaten, intimidate or terrorize the Informant; (iv) Shall not tamper with the prosecution evidence in any manner whatsoever; (v) Shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail.

It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In case antecedent is noticed,