Bail is a right and should not be denied unless justified by serious grounds; continued detention without trial infringes on personal liberty.

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) Bhubaneswsar. He has also submitted a Memo to that effect which is taken on record.

PROSECUTION ALLEGATIONS

2. 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 During investigation it was found that from these accounts, amounts had been withdrawn or transferred to other accounts .

3. 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.

EARLIER BAIL APPLICATIONS

4. BLAPL No. 375 of 2024 filed earlier by Ashish Kumar petitioner in BLAPL No. 4381 of 2024; BLAPL No. 370 of 2024 filed earlier by Tej Kumar petitioner in BLAPL No. 4383 of 2024 and BLAPL No. 378 of 2024 filed earlier by Yogendra Singh petitioner in BLAPL No. 4272 of 2024 have been disposed of on 22.01.2024 granting liberty to them to move the learned court below for bail afresh after completion of investigation.

5. Before that the prayer for bail of Bhim, petitioner in BLAPL No.1714 of 2024 has been rejected on 11.01.2024 by the learned 5^th Additional Sessions Judge, Bhubaneswar. After filing of chargesheet on 18.03.2024, the prayer for bail of the Ashish Kumar, petitioner in BLAPL No. 4381 of 2024), Tej Kumar petitioner in BLAPL No. 4383 of 2024), Raghu Anand, petitioner in BLAPL No. 4662 of 2024 and Yogendra S