Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9211 of 2025
Rajendra Bindhani … Petitioner
Mr. S.C. Mohapatra, Sr. Advocate along with Mr. S. Mohapatra, Advocate -versus-
State of Orissa … Opposite Party Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
05.01.2026
04.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Cyber Crime & Economic Offences, Bolangir PS Case No.06 of 2025 corresponding to GR Case No.502 of 2025 pending in the file of learned SDJM, Bolangir for commission of offences punishable U/Ss.318(4)/319(2) of BNS r/w Sec.66(D) of IT Act, on the main allegation of cheating a sum of Rs.1,98,968/- from the informant by using his mobile phone.
3. Heard, Mr. Soura Chandra Mohapatra, learned Sr. counsel appearing along with Mr. S. Mohapatra,
learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the present matter and perused the record. Page 2 of 3
4. The bail application of the petitioner is in fact opposed to by the State counsel on the ground of criminal antecedents of the petitioner, but fact remains that the petitioner has already been detained in custody since 12.07.2025 and in the meantime charge-sheet has already been submitted and the offences as alleged against the petitioner are triable by Magistrate and not being punishable beyond seven years. In such view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody with submission of charge- sheet in the meantime and taking into account the law laid down by the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51 and keeping in view the inherent right of an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:- p. 3 (i) the petitioner shall not commit similar type of offence while on bail. (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law. This Court, however, reserves liberty to the State and the informant to file appropriate application for cancellation of bail of the petitioner in case of violation of the above condition or a case for cancellation of bail is otherwise made out.
In such event of application for cancellation of bail, the learned Court in seisin over the matter is at liberty to pass appropriate order in accordance with law without further reference to this Court. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Jayakrushna