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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
SK. Wasiul Islam @ Rohan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. basis for bail application and allegations. (Para 1 , 2) |
| 2. arguments for and against bail. (Para 3) |
| 3. court's analysis of evidence and principles. (Para 4 , 5) |
| 4. grant of bail and conditions. (Para 6 , 7) |
JUDGMENT :
G. Satapathy, J.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Cyber Crime PS Case No.15 of 2025 corresponding to CT Case No.6 of 2025 pending in the file of learned Presiding Officer, Designated Court under OPID Act, Cuttack, for commission of offences punishable U/Ss.318(2)/318(4)/3(5) of BNS r/w Sections 4/5/6 of Prize Chits & Money Circulation Schemes (Banning) Act and Section 6 of OPID Act and Section 66-D of IT Act.
2. The short facts involved in this case are that co-accused Jyoti Prakash Pallai was promoting online betting and, accordingly, for betting purpose, the complainant Sashibrata Swain contacted the co- accused Jyoti Prakash Pallai, who provided him two online URLs, such as www.dream444.com and www.dream666.com and being induced, the complainant Sashibrata Swain transferred total sum of Rs.1,66,25,003/- to the account of co-accused Jyoti Prakash Pallai on various dates w.e.f. 26.08.202
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.
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....
The court grants bail upon finding no substantial evidence against the applicant, emphasizing cooperation with the investigation.
Statutory bail granted due to prolonged custody under section 483, balancing investigation needs and rights of the accused.
Insufficient evidence and the applicant's cooperation with the investigation justified granting bail.
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.
Pre-arrest bail may be denied where the accusations indicate serious offenses and the potential for jeopardizing the investigation.
The court determined that absence of evidence connecting the applicant to the alleged crime justified his entitlement to bail under BNSS, 2023.
The necessity for interrogation prevails over bail considerations in cases involving significant financial fraud.
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