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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Deepak Kumar Dash – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of bail application (Para 1 , 2) |
| 2. arguments for and against bail (Para 3) |
| 3. court's analysis and reasoning for bail decision (Para 4) |
| 4. conclusion and bail order (Para 5 , 6) |
JUDGMENT :
G.Satapathy, J.
1. These are the bail applications U/S.483 of BNSS by the petitioner for grant of bail in connection with CID Cyber Crime PS Case No.34 of 2024 corresponding to GR Case No.539 of 2024 pending in the file of learned JMFC(III), Cuttack, for commission of offences punishable U/Ss.419/420/465/467/486/471/120-B/34 of IPC r/w Sections 66(C)/66(D) of IT Act.
2. The relevant allegation as found in this case is that on coming across some lucrative Facebook advertisement to invest in stocks and IPOs, the informant when clicked a link received from Whatsapp account of Phone No.+91-9787120376, it was persuaded to him to open an account and invest in the said app namely “Jef CP” and, accordingly, the informant invested the amount on the greed for higher returns and in the process, he transferred a total sum of Rs.1,45,85,000/- to ten bank accounts w.e.f. May 05, 2024 to June 27, 2024, however, on suspicion he verified and later on, lodged an FIR paving the way f
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....
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.
Court evaluates individual circumstances and gravity of alleged offences for bail eligibility, considering prior criminal history and pre-trial detention duration.
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.
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.
Section 480(6) of BNSS allows bail after 60 days in custody but does not confer an absolute right, requiring judicial discretion based on trial progress and flight risk.
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