The court denied bail due to serious allegations concerning blackmail and suicide, emphasizing the risk of the accused absconding given the evidence against him.

JUDGMENT :

G. SATAPATHY, J.

1. This is the bail application U/S.483 of the BNS S by the petitioner for grant of bail in connection with Daragha Bazar P.S. Case No. 39 of 2025 corresponding to S.T. Case No.226 of 2025 pending in the Court of learned District & Sessions Judge, Cuttack, being charge sheeted for commission of offence punishable U/Ss. 108/ 319(2)/308(5)/318(4)/338/340(2)/78(2)/336(2)/336(3) of r/w. Sec. 67/67-A of the IT Act and Sec.12(1)(d)/ 12(1)(a) of Passports Act,1967 and Sec. 22/23 of the Immigration and Foreigners Act , 2025 on the main allegation of abetting commission of suicide of the deceased by blackmailing her to part with money for the relationship developed with her and overstaying in India as foreign National without valid visa and document by forging Passport.

2. In the course of hearing, Mr. Ravi Sankar Samal, learned proxy counsel appearing on behalf of Mr. Sanjay Kumar Behera, learned counsel for the petitioner submits that although there appears allegation against the petitioner for blackmailing the deceased, but the petitioner has neither blackmailed the deceased nor received any money from her and the allegation leveled against the petitioner are false and concocted and the SIM seized in this case has not been recovered from the petitioner, rather the same stands in the name of different persons and thereby, the petitioner even though a foreign National, is not having any link with this case, but he having been detained in custody since long, his bail application may kindly be considered favourably.

2.1. On the other hand, Mr. R.B. Mishra, learned Addl. PP by producing the suicidal note submits that not only the deceased had committed suicide, but also the reason for commission of such suicide was blackmailing by the petitioner and the petitioner being a foreign National was regularly blackmailing the victim through mobile phone and such mobile phone having tracked and recovered from the petitioner and the petitioner being prima facie involved in this case, his bail application may kindly be rejected. In addition to aforesaid submission, Mr. Satya Ranjan Pati, learned counsel for the informant submits that not only the petitioner had blackmailed and abetted the commission of suicide of the deceased, but also he is prima facie involved in this case and he is over staying in the country without any valid documents and thereby, the Police has submitted charge sheet with aid of Sec. 22/23 of the Immigration and Foreigners Act , 2025 r/w. Sec.12(1)(d)/12(1A) of PASSPORT ACT , 1967 and, therefore, it would be really hazardous to release the petitioner on bail, since there is no guarantee that the petitioner would make himself available for trial in this case once released on bail. Accordingly, Mr. Pati prays to reject the bail application of the petitioner.

3. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for blackmailing the deceased and as a consequence of such blackmailing, the deceased has allegedly committed suicide and the petitioner is accordingly alleged for abetting for commission of suicide of the deceased. Besides, the IO while submitting preliminary charge sheet has stated therein that the petitioner is overstaying in the country since 11.04.2020. Further, in the course of investigation, the IO has also verified the travel documents of the petitioner by obtaining necessary information from Foreigners Regional Registration Office (FRRO), Hyderabad, which has furnished information by checking the petitioner’s Passport No.19AA13724 that the petitioner had entered into the country vide tourist Visa No.VK9705316 on 23.11.2019. Further, the Investigating Officer has also obtaine