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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Djedje Raymond @ Chijoke Okoye – Appellant
Versus
State of Odisha – Respondent
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
The court denied bail due to serious allegations concerning blackmail and suicide, emphasizing the risk of the accused absconding given the evidence against him.
Bail applications must consider the seriousness of allegations and prima facie evidence; in cases involving potential murder, bail should not be granted if prima facie evidence indicates substantial ....
The court considered the lack of clarity in the allegations and contradictory statements by the deceased, leading to doubts about the applicant's involvement, and the prolonged trial duration as grou....
The court's decision hinged on the discrepancy between the allegations in the charge-sheet and the victim's cause of death, emphasizing the importance of accurate allegations in criminal cases.
The court upheld the principle that bail should not be denied as pre-trial punishment, emphasizing the presumption of innocence and the need for careful assessment of potential flight risk and witnes....
Possession of forged documents by an Afghan national raises credible suspicion regarding immigration status, shifting the burden of proof to the individual to establish lawful citizenship.
Bail is a rule and imprisonment an exception; presumption of innocence must be upheld until guilt is proven beyond reasonable doubt.
The central legal point established in the judgment is the importance of focusing on the role of the accused in deciding the aspect of parity when granting bail, as emphasized by relevant Supreme Cou....
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