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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Ravi Raj – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail applications related to cyber fraud. (Para 1 , 2) |
| 2. contentions from both petitioners and prosecution. (Para 3) |
| 3. court's analysis of allegations and bail jurisprudence. (Para 4 , 5) |
| 4. decision to grant bail with conditions. (Para 6) |
| 5. disposal of bail petitions. (Para 7) |
JUDGMENT :
1. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Cyber Crime & Economic offences UPD PS Case No. 0032 of 2025 corresponding to GR Case No.402 of 2025 pending in the file of learned JMFC-I(Cog.Taking), Cuttack, for commission of offences punishable U/Ss.318(4)/319(2)/336(4)/338/340(2)/3(5) of BNS read with Sec. 66(C)/66(D) of IT Act.
3. Heard, Mr. Y. Das, learned Senior Counsel, who is being assisted by Mr.M.Mukul & Mr. N.C. Mohanty, learned counsel for the petitioner in BLAPL No. 5714 of 2025; Ms.M.Mohapatra appearing along with Mr.A.Das, learned counsel for the petitioners in BLAPL Nos. 6232, 6303, 6347,6350 & 7091 of 2025 and Mr. A.Pradhan, learned Additional Public Prosecutor in these matters and perused the record.
3.2. In opposing the prayer for bail of the petitioners, Mr. A.Pradhan, learned Additional Public Prosecutor
Bail is the rule, not the exception; accusations must be substantiated for pre-trial detention. Allegations based solely on documentary evidence without direct involvement in the crime warrant bail.
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....
The court emphasized that the right to liberty must be balanced against the seriousness of allegations and the duration of custody, allowing bail when no previous criminal record exists.
Bail is the rule while incarceration is the exception; absence of direct allegations against the petitioner supports bail in the context of ongoing pre-trial detention.
Court evaluates individual circumstances and gravity of alleged offences for bail eligibility, considering prior criminal history and pre-trial detention duration.
In bail applications concerning severe allegations of cyber fraud, the court must consider the risk of the accused absconding, especially when allegations involve significant sums and forged document....
The court granted bail to the petitioners in economic offences, emphasizing the presumption of innocence and considering the nature of allegations and duration of custody.
The court emphasized that bail should not be granted in cases of serious cyber fraud due to potential systemic damage and the habitual nature of the offender's crimes.
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