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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 :
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.
3. In the course of hearing, Ms. Abhilipsa Mohanty, learned counsel for the petitioner in BLAPL No.10424 of 2025 submits that the petitioner is not aware of any amount received in his account nor has he any role in deceiving the informant or causing loss to the informant, rather the petitioner being a bonafide account holder has not made any transaction with the amount so received in his account and a sum of Rs.12,25,000/- has been credited to his account in four transaction. Ms. Mohanty, accordingly, prays to grant bail to the petitioner.
3.2. Similarly, Mr. Prasanta Kumar Nanda, learned counsel for the petitioner in
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.
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.
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