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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Bhim – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of case and allegations. (Para 1 , 2 , 3) |
| 2. history of prior bail applications. (Para 4 , 5 , 6) |
| 3. arguments presented by petitioners. (Para 7 , 8) |
| 4. state's opposition to bail. (Para 9) |
| 5. court's legal reasoning on bail principles. (Para 10 , 11 , 12) |
| 6. conditions set for granting bail. (Para 13 , 14 , 15) |
| 7. conclusion and order for bail. (Para 16 , 17 , 18 , 19) |
JUDGMENT :
Savitri Ratho, J.
All these applications under Section 439 of Cr.P.C. have been filed for grant of bail to the petitioners in connection with Cyber Crime P.S. Case No. 21 of 2023 corresponding to C.T. Case No. 1630 of 2023 in the Court of the learned S.D.J.M., Bhubaneswar under Sections 419 , 420, 465, 467, 471, 120-B/34 of IPC read with Section 66 (C)/ 66 (D) of the I.T. Act. These applications were heard on different dates. As they arise out of the same FIR, they are being disposed of this common order.
Mr Karnan Sattar learned counsel appearing in BL APL 4381 of 2024 filed by Ashish Kumar has submitted in Court today that during pendency of the bail application, C.T. No. 1630 of 2023 has been transferred from the Court of the SDJM, Bhubanesswar to the Court of the JMFC ( LR And TV)
Bail is a right and should not be denied unless justified by serious grounds; continued detention without trial infringes on personal liberty.
Bail is the rule and committal to jail is an exception, and the court must consider the nature of the alleged offences, progress of investigation, and the presumption of innocence in deciding bail ap....
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.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
PMLA Section 45 twin conditions relaxable by constitutional courts for bail if prolonged custody (over 2 years) and unlikely timely trial violate Article 21, absent accused delay, with voluminous doc....
Bail is the rule and jail is the exception; applicants entitled to bail due to lengthy trial and lack of evidence against them.
The main legal point established is that the presumption of innocence, the need for a speedy trial, and the balance between personal liberty and the investigational right of the police are crucial fa....
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