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.

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 5^th 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 first week of July, 2023, he received a call from an unknown person regarding premature release of the policy. He received calls from numbers 9812467649, 7207660964, 9911266906, 9193041401, 9812493952, 9953057289, 8376858433, 9910586356, 9911041392, 8750376496 and as per the advice of the caller, he transferred Rs.76,15,955/- to different bank accounts between 05.07.2023 to 28.09.2023 in Account No. 921010046625512, 34889554692, 10577035908 and 2845322439 and had attached the payment details. On the basis of his FIR, a case was registered against unknown persons for commission of offences under Sections- 419, 420, 465, 467, 471, 120-B, 34 of IPC read with Sections 66 (C) / 66(D) of IT Act. During investigation it was found that from these accounts, amounts had been withdrawn or transferred to other accounts .

4. Chargesheet has been submitted on 18.03.2024 under Sections 419 , 420, 465, 467, 471, 120-B/34 of IPC read with 66-C/66-D of IT Act, 2000 against Bhim, Yogendra Singh, Tej Kumar, Ashish Kumar, , Raghu Anand, Rupali Gupta, Pramoda Valli and Bhanu Pratap Yadav, keeping investigation open under Section 173 (8) of Cr.P.C. for collection of additional evidence and identity of Kabya Singh ( Axis Bank account holder) and Vikas Kumar Gupta( Union Bank of India account holder), certificates under Bankers Book of Accounts and Section – 65 B of the Indian Evidence Act . In the chargesheet one hundred sixty six articles / documents have been mentioned to have seized during investigation and relied upon and thirty four witnesses have been cited. Trial has not started in the case.

SUBMISSIONS

5. Ms. A. Mehta, learned counsel for the petitioner submits that the petitioner is in custody since 21.11.2023 and he does not have any criminal antecedents and an affidavit to that effect has been sworn by one Manoj Kumar Mohanty, Advocate’s clerk stating that the affidavit has been filed as per instructions received from Mr. Devendra Kumar, Advocate, Allahabad High Court. She submits that although it is the prosecution allegation that Rs. 35,88,000/- had been transferred through a bank account of the Union Bank namely Account No. 359802011014438 and Rs. 3,98,000/- had been transferred through an Axis Bank account No. 923010026971949 and both accounts are in the name of the present petitioner, but the said accounts have never been operated by the petitioner and in fact the ATM Cards of one account was recovered from the possession of one co-accused Rupali Gupta, who has been granted bail by this Court in BLAPL No. 3805 of 2024 on 19.07.2024. The petitioner has no connection with the accounts and investigation reveals that withdrawals using ATM card has been made from Delhi, Faridabad and Balabhgarh while the petitioner is a resident of Mirzapur. She has further submitt