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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Bibhuti Bhusan Acharya – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail application basis and accusations (Para 1 , 2) |
| 2. arguments for and against bail (Para 3) |
| 3. court's considerations for bail (Para 4 , 5 , 6 , 8 , 9 , 10) |
| 4. conditions for initiating criminal proceedings (Para 7) |
| 5. final decision on bail application (Para 11 , 12) |
Judgment :
G. Satapathy, J.
1. This is a bail application U/S.439 of CrPC by the Petitioner for grant of bail in connection with Bhadrak Rural Case No.77 of 2024 arising out of GR Case No.300 of 2024 for commission of offences punishable U/Ss. 420/467/468/294/506 of IPC pending in the Court of learned SDJM, Bhadrak.
2. The complaint against the Petitioner which was sent U/S. 156(3) of the CrPC to the Police and registered as Bhadrak Rural PS Case No. 77 of 2024 discloses that the Petitioner is an advocate and the complainant being introduced by his friend had discussion with the Petitioner to file case against Bank of Baroda under SARFAESI Act as later had sold out his immovable mortgage secured asset through E-auction sale on 26.11.2021 and on the advice of the Petitioner, the complainant arranged Rs. 1,35,00,000/-(Rupees One Crore Thirty Five Lakhs) from his friends and relatives for one time settlemen
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.
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....
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....
Bail may be granted considering severe health conditions, risk of absconding, and presumption of innocence, despite serious allegations of financial fraud.
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
The court established that in cases involving economic offences, the nature of the allegations and the personal history of the accused are critical in determining bail, emphasizing the principle that....
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.
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