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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Bhanu Pratap Yadav – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of bail application and case details. (Para 1 , 2 , 3 , 4) |
| 2. conflicting arguments on bail application. (Para 5 , 6) |
| 3. court's reasoning and bail conditions. (Para 8 , 9 , 10 , 12) |
| 4. granting of bail and directives for compliance. (Para 13 , 14 , 15) |
JUDGMENT :
Savitri Ratho, J.
This application under Section 439 of Cr.P.C. has been filed in connection with Cyber Crime P.S. Case No. 21 of 2023 corresponding to C.T. Case No. 1630 of 2023 pending in the court of the learned S.D.J.M., Bhubaneswar where charge sheet dated 18.03.2024 keeping investigation open in commission of offence under Section 419 , 420, 465, 467, 471, 120-B, 34 of IPC read with Sections 66 (C) /66(D) of IT Act.
2. The prayer for bail of the petitioner and co-accused Rupali Gupta has been rejected on 27.03.2024 by the learned 5th Additional Sessions Judge, Bhubaneswar by a common order dated 27.03.2024 in B.A. No. 123 of 2024.
PROSECUTION ALLEGATIONS
3. Initially FIR was registered against unknown persons on the information of one Dillip Kumar Jalan lodged FIR on 04.10.2023 at the Cyber Cell Police Station. He alleged that he has a HDFC Life Insurance Policy in the name of his wife. In the
The right to life and liberty under Article 21 reinforces the temporary nature of detention, emphasizing that bail should be granted when trial delays are likely and without prior criminal records.
Bail is a right and should not be denied unless justified by serious grounds; continued detention without trial infringes on personal liberty.
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....
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