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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Sambit Ray – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of facts leading to bail application. (Para 1 , 2) |
| 2. court reviews oral and written submissions. (Para 3) |
| 3. arguments concerning nature of custody and bail criteria. (Para 4 , 5 , 6 , 7 , 8) |
| 4. court grants bail under specified conditions. (Para 9) |
| 5. final decision and conditions of bail granted. (Para 10 , 11) |
JUDGMENT :
1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Markatnagar P.S. Case No.97 of 2025 corresponding to G.R. Case No.512 of 2025 pending in the Court of learned J.M.F.C.-I (Cog.Taking), Cuttack, for commission of offences punishable U/Ss. 318(4)/319(2)/336(3)/354/115(2)/127(2)/351(3)/308(5)/ 308(7) of BNS.
3. Heard, Mr. Durga Prasad Nanda, learned Senior Counsel, who is being assisted by Mr. Bibhuti Bhusan Choudhury, learned counsel for the petitioner; Mr. T.K. Acharya, learned Addl. PP and Mr. Dharanidhar Nayak, learned Senior Counsel, who is being assisted by Ms. Bini Mishra, learned counsel for the informant in the matter and perused the record. In addition to their oral arguments, the parties have filed their written notes of submission.
5. One of the important aspect of the argument as advan
The court determined that bail should be granted to the accused in light of the predominantly civil nature of the dispute and the absence of need for custodial interrogation, emphasizing protection o....
Bail may be granted considering severe health conditions, risk of absconding, and presumption of innocence, despite serious allegations of financial fraud.
Bail is granted when the accused has not misused liberty, factors indicate compliance, and the presumption of innocence is upheld; restrictions are imposed to ensure trial cooperation and prevent abs....
Criminal proceedings are not meant for recovery of disputed dues; the presumption of innocence underlies the decision to grant bail when no risk of flight or witness tampering is established.
Mandatory bail is required after sixty days of custody if the trial is not concluded, as per Section 480(6), promoting adherence to the right against indefinite detention under Article 21.
The court determined that allegations of misappropriation reflected a civil dispute rather than criminal intent, allowing bail based on the absence of prior criminal history and ongoing civil complai....
Bail should not be withheld as a pre-trial punishment – Criminal Court, exercising jurisdiction to grant of bail or anticipatory bail is not expected to act as a recovery agent to realize dues of com....
The court granted bail to petitioners charged with cybercrime, considering their custodial duration and lack of flight risk, as allegations were not substantiated by strong evidence warranting contin....
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