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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Arpan Patel – Appellant
Versus
State of Odisha (OPID) – Respondent
| Table of Content |
|---|
| 1. bail application context and factual background. (Para 1 , 2) |
| 2. arguments for and against bail application. (Para 3) |
| 3. court's analysis of conduct and bail eligibility. (Para 4) |
| 4. rejection of bail application. (Para 5) |
JUDGMENT :
G. Satapathy, J.
1. This is the 2nd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with EOW Case No.04 of 2022 corresponding to CT Case No.03 of 2022 pending in the file of learned Presiding Officer, Designated Court under OPID Act, Cuttack, being charge-sheeted for commission of offences punishable U/Ss.406/ 420/ 467/ 468/ 471/120-B of IPC r/w Section 6 of OPID Act and 66-D of IT Act.
2. The petitioner seeks for bail in the above noted case which arises out of an FIR lodged by one Swadhin Kumar Sahoo stating therein that he came to know from one Haresh Ranjan Dash about one Company named as IAAVIC Pvt. Ltd. and its directors namely Arpan Patel (petitioner) and Adyajyoti Nayak of Odisha and he was impressed upon by the said Haresh Ranjan Dash to invest money in the IAAVIC Company on the assurance of 1% mutual profit on the investment on weekly five days basis up to 200 days and he accordingly, invested Rs
The bail application was rejected due to the petitioner's absconding and noncompliance with bail conditions, emphasizing the importance of respecting legal processes.
Bail cannot be granted when there is substantial evidence of fraud, a significant flight risk, and a history of similar offenses by the petitioner.
The court found that the petitioner had no direct involvement in financial misappropriation, warranting bail with conditions, considering her gender and pre-trial detention.
The court granted bail considering the petitioner's prolonged custody, lack of further need for custodial interrogation, and health issues while emphasizing strict conditions due to the nature of the....
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