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SASHIKANTA MISHRA
Sanjeev Govindaswamy – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
Sashikanta Mishra, J.—Both these applications seeking pre-arrest bail arise out of the same case and involve identical facts for which both were heard together and are being disposed of by this common judgment.
2. The petitioners are apprehending their arrest in connection with EOW Bhubaneswar P.S. Case No. 19 of 2023 corresponding to C.T. Case No. 5 of 2023 pending in the Court of learned Special Judge, OPID Court, Cuttack for the alleged commission of offence under Sections 419/420/467/468/471/120-B of IPC read with Sections 66(C)/66(D) of IT Act and Section 6 of OPID Act, 2011.
3. The prosecution case is that one Sasmita Sahoo being the Inspector of Police, EOW CID-CB, Bhubaneswar lodged a written complaint before the Khordha EOW, Bhubaneswar on 13.06.2023 stating therein that in course of investigation into an allegation of online financial fraud in relation to a website called www.smsmvip.com, she found that several companies were involved in cheating and misappropriating public money by inducing customers to invest in their companies with assurance of higher returns. One Bijay Kumar Nath of Puri had submitted a written report on 25.04.2023 that being thus lured, he h
Pre-arrest bail – Liberty as guaranteed under Article 21 of Constitution of India being one of cherished objects of our Constitutional ideals, cannot be curbed on mere suspicion.
Anticipatory bail should be granted sparingly in cases of economic offences due to their potential to undermine public interest and the necessity for custodial interrogation.
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
The court ruled that a person outside jurisdiction lacks grounds to seek anticipatory bail, emphasizing the need for presence in India to enforce bail conditions.
The court cannot grant anticipatory bail to an applicant residing outside the jurisdiction without evidence of cooperation with ongoing investigations.
The judgment emphasized the seriousness of economic offences, the need for custodial interrogation, and the balance between individual rights and public interest in granting anticipatory bail.
An anticipatory bail application can only be filed by persons present in India to ensure compliance with the court's conditions; presence in court is necessary for due process.
Bail cannot be granted when there is substantial evidence of fraud, a significant flight risk, and a history of similar offenses by the petitioner.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
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