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ORISSA HIGH COURT
G.SATAPATHY
Kelu Charan Behera @ Kalu @ Chittaranjan Pattanaik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. common factual background of the bail applications. (Para 1 , 2 , 3) |
| 2. arguments for and against granting bail. (Para 4) |
| 3. court's observations on bail discretion. (Para 5 , 6 , 7 , 8) |
| 4. court's reasoning for favorably considering bail. (Para 9) |
| 5. conclusion and order granting bail. (Para 10 , 11) |
JUDGMENT
G. Satapathy, J.
1. Since the Petitioner herein is an accused in all the three criminal cases of similar nature in Pipili PS Case Nos. 122 of 2025, 123 of 2025 & 124 of 2025 and the allegation in all those three cases disclose a similar pattern of transaction with the Petitioner being a common link, all these three bail applications are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
2. The Petitioner in these three bail applications U/S.483 of BNSS seeks for grant of bail in connection with Pipili PS Case No.122 of 2025 corresponding to GR Case No.193 of 2025;Pipili PS Case No. 123 of 2025 corresponding to GR Case No. 194 of 2025;and Pipili PS Case No. 124 of 2025 corresponding to GR Case No.195 of 2025 being charge sheeted for commission of offences punishable U/Ss. 336(2)/ 336(3)/ 338/ 339/ 342/ 340(2)
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.
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....
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
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....
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