IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No. 213 of 2025 An application under Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which corresponds to Section 397 of the Code of Criminal Procedure Code.

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Indrajit De ..… Petitioner -versus-

Republic of India (CBI) ..… Opp. Party -------------------------------------------------------------------------------

For Petitioner : Mr. S.K. Padhi, Senior Advocate along with by Mr. R. Hota, Advocate For Opp. Party : Mr. Sarthak Nayak, Advocate (CBI)

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CORAM:

HONOURABLE MISS JUSTICE SAVITRI RATHO

JUDGMENT

15.05.2025 Savitri Ratho, J This application under Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been filed challenging the order dated 03.04.2025 passed by the learned Sessions Judge, Khurda at Bhubaneswar in Crl. Misc. Case (CMC) No. 48 of 2025 rejecting the prayer of the petitioner made under Section 483 (b) of BNSS (corresponding to Section 439 (b) of Cr.P.C.) for setting aside/modification of the bail condition no.(ii) of the petitioner. fixed by the learned Special C.J.M cum A.C.J.M C.B.I Bhubaneswar while allowing the prayer for bail of the petitioner on 09.10.2023.

ALLEGATIONS

2. An FIR was lodged on 15.05.2013 in Baliapal Police Station – Baliapal P.S. case No 85 of 2013, against M/s Tower Infotech Ltd and its directors for collecting public deposits and thereby cheated the innocent depositors without returning their amount. On the direction of the Hon’ble Apex Court made on 09.05.2014 in the case of Subrata Chattoraj Vs. Union of India, the investigation of the case was transferred to the C.B.I and FIR no. 10(S) / 2014 –Kol corresponding to Special Case No. 5 of 2014 in the Court of Special C.J.M, (C.B.l), Bhubaneswar. was registered under Sections - 420, 120 B, 34 IPC read with Sections- 4, 5, and 6 of the PCMC Act against M/s Tower Infotech Ltd and its Directors. Charge sheet dated 06.07.2016 was submitted Sections - 420, 120 B, 34 IPC read with Sections - 4,5, and 6 of the PCMC Act against M/s Tower Infotech Ltd and its Directors. Supplementary charge sheet dated 26.12.2022 was submitted under Sections- 420, 120 B, 34 IPC read with Sections-4, 5, and 6 of the PCMC Act in which the petitioner was arrayed as an accused.

3. The accused Directors of the accused company M/s. Tower Infotech Ltd., in criminal conspiracy with the directors of M/s. EDEN Infraprojects Pvt. Ltd. namely Shri Amitav Patro and Shri Indrajit De, (the petitioner) pursuant to a fraudulent agreement, have dishonestly siphoned off the funds to the tune of Rs. 2.5 Crores, illegally collected by the accused company M/s. Tower Infotech Ltd. from gullible investors. The petitioner Indrajit De and Shri Amitav Patra, the two Directors of M/s. Eden Infra Projects Pvt Ltd. On basis of an oral agreement, for construction of a housing project at Maheshtala with Shri Ramendu Chattopadhyay, the CMD of M/s. Tower Infotech Ltd., the money was taken. By entering into criminal conspiracy money was diverted from M/s. Tower Infotech Ltd. Which had collected the money illegally from the investors, without having necessary permissions regulatory authorities to collect the funds, with criminal intent to misappropriate the same.

BACKGROUND

4. N.B.W. had been issued against the petitioner by the trial Court. The petitioner along with other accused had approached this Court n CRLMC 1054 of 2023 for quashing the proceedings in S.P.E No.05 of 2014 pending before the Court of the learned Special C.J.M, (C.B.l), Bhubaneswar and the impugned Charge Sheet No. 21 dated 26.12.2022. Vide judgment dated 28.07.2023, the CRLMC was allowed in part. While rejecting the payer to quash the proceedings, the order dated 27.12.2022 issuing NBW against the petitioner was quashed. The subsequent orders dated 06.01.2023, 20.01.2023 and 03.02.2023 in so far as they related to the petitioner were quashed and the trial Court was di