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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Subharun Das – Appellant
Versus
State Of Odisha – Respondent
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 CID CB Cyber PS Case No.21 of 2024 corresponding to GR Case No.395 of 2024 pending in the file of learned JMFC (UTP), Cuttack, for commission of offences punishable U/Ss.419/420/465/467/468/471/120-B/34 of IPC r/w Sections 66 (C)/66(D) of IT Act, on the main allegation of cheating the gullible investors by alluring them to invest online in the fictitious company like TECHSTARS PRO with the advice of a WhatsApp group created by him & others in the name of “Ram Investment Academy” and in the process, cheating the informant for a sum of Rs.2,58,60,000/-.
2. Heard, Mr. Soura Chandra Mohapatra, learned Senior Counsel, who is being assisted by Mr. S. Mohapatra, learned counsel for the petitioners and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record.
3. Bail to the petitioner is mainly sought for on three following grounds; such as (i) non-conclusion of trial in terms of Section 480 (6) of BNSS , (ii) illness of mother of the petitioner and (iii) on merit, but this Court at the inception takes the first plea of the petiti
Section 480(6) of BNSS allows bail after 60 days in custody but does not confer an absolute right, requiring judicial discretion based on trial progress and flight risk.
Mandatory bail is required after sixty days of custody if the trial is not concluded, as per Section 480(6), promoting adherence to the right against indefinite detention under Article 21.
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....
Pre-arrest bail may be denied where the accusations indicate serious offenses and the potential for jeopardizing the investigation.
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 considering the nature of charges, lengthy detention, and the status of co-accused already released on bail.
Statutory bail entitlement arises when the investigation is not completed within 60 days of arrest as per applicable law.
Insufficient evidence justifies granting bail under the Bharatiya Nagarik Suraksha Sanhita, despite allegations of fraud.
Statutory bail rights under Section 187(2) of the BNSS are applicable when investigation is incomplete beyond prescribed limits.
The court determined that there was insufficient evidence for continued detention, allowing bail under strict conditions.
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