Court evaluates individual circumstances and gravity of alleged offences for bail eligibility, considering prior criminal history and pre-trial detention duration.

JUDGMENT :

G. SATAPATHY, J.

1. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

2. These are three bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with CID, Cyber Crime Bhubaneswar Case No.02 of 2025 corresponding to CT Case No.72 of 2025 for commission of offences punishable U/Ss. 318(4)/319(2)/336(2)/336(3)/ 338/340(2)/61(2)/3(5) of the BNS r/w Sections 66(C)/66(D) of the IT Act pending in the Court of learned SDJM, Bhubaneswar.

3. Facts in precise are that the complainant Dr. Saswata Mohanty was contacted by a woman on 2^nd October, 2024 by introducing herself as a Staff-cum- Assistant of “Geoji Financial Services Ltd”. Accordingly, she added the complainant to a Whatsapp Group named “F2-Geoji Financial Services Ltd”. which is stated to be engaged in share trading at discounted rates with promise of daily dividends with high profit margins and accordingly, impression was given to the complainant that the said Whatsapp Group was engaged in block trading, IPO investments & other profitable financial features. Based on these representations, the complainant made the first investment of INR 50,000/- to the Bank account details provided by an alleged customer service representative of Geojit Financial Services Ltd. and the complainant further invested into various accounts described as SEBI registered and the complainant was shown with fabricated account statements indicating significant profits, but whenever withdrawal was attempted, it was denied with various ground/justifications by demanding further investments and in the process, the complainant was defrauded with a sum of Rs. 6,04,53,000/- (Rupees Six Crores Four Lakhs Fifty Three Thousand) which was not only the investment of the complainant, but also her relatives.

On the FIR of Dr. Mohanty, CID Cyber Crime PS Case No. 02 of 2025 was registered, but in the course of investigation, finding the complicity of the Petitioners and other persons, they were taken into custody. When the bail application of the aforesaid petitioners were came to be rejected by the learned 3^rd Addl. Sessions Judge, Bhubaneswar, they are before this Court in these bail applications.

4. Heard, Mr. Prasanta Kumar Nanda, learned counsel for the Petitioners in BLAPL Nos. 9091 & 9092 of 2025; Mr. Sanjit Mishra, learned counsel for the Petitioner in BLAPL No. 13370 of 2025 and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record.

5. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner Swapnil Goraksha Dhokale for receiving Rs. 30,00,000/- in his account as proprietor of MD Garment from the account of the informant, whereas there appears allegation against the Petitioner Jaya Rani Basak for receiving Rs. 6,00,000/- in her account from the account of co-accused Ashok Nanda representing Bharani Enterprises out of the amount so received from the account of the informant and the allegation against the Petitioner Azaz Shafiq Shaikh is for receiving Rs. 4,95,527/- from the account of co-accused Ashok Nanda representing Bharani Enterprises out of the money received from the informant as per the charge sheet. It is no doubt alleged that the Petitioners operate as a Gang along with co-accused persons, but the Petitioner-Swapnil Goraksha Dhokale is having criminal antecedent of similar nature in the State of Maharastra, but the Petitioners Azaz Shafiq Shaikh & Jaya Rani Basak are reported to have no criminal antecedent. Besides, it is found from the affidavit filed by Inspector of Police, CID CB, Odisha, Cuttack that on verificati