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2025 DAILYLAW 4332 (ORI)

PATTARAJA. S @ S. PATTARAJA v. STATE OF ODISHA

BLAPL/10619/2025 · 2026-01-06

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Pattaraja. S @ S. Pattaraja (In BLAPL No.10619 of 2025) Akash Kesarwani (In BLAPL No.6061 of 2025) Kantariya Yogvesh Harijibhai (In BLAPL No.8396 of 2025) … Petitioners Mr. A.S. Paul, Advocate (in BLAPL No.10619 of 2025) Ms. B. Mohanty, Advocate (in BLAPL No.6061 of 2025) Mr. D.R. Parida, Advocate (in BLAPL No.8396 of 2025) -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.01.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Bhubaneswar UPD CID CB Cyber Crime PS Case No.03 of 2025 corresponding to CT Case No.73 of 2025 pending in the file of learned SDJM, Bhubaneswar, being charge-sheeted for commission of offences punishable U/Ss.318(2)/318(4)/319(2)/336(2)/336(3)/338/340(2)/ p. 2 61(2)/3(5) of BNS r/w Sections 66(C)/66(D) of IT Act, on the main allegation of swindling money of the informant by alluring him to invest money in online trading and subsequently, defrauding him by not paying the amount. 4. Heard, Mr. Amlan Shakti Paul, learned counsel for the petitioner in BLAPL No.10619 of 2025; Ms. Baisakhi Mohanty, learned counsel for the petitioner in BLAPL No.6061 of 2025; Mr. Deepak Ranjan Parida, learned counsel for the petitioner in BLAPL No.8396 of 2025 and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. 4.1. In the course of hearing, Ms. Baisakhi Mohanty, learned counsel for the petitioner in BLAPL No.6061 of 2025 submits on instruction that the petitioner-Akash Kesarwani is ready to deposit Rs.1.5 Lakhs in the account of the informant, but rest of the counsels submits that the petitioners have been falsely implicated in this case and Mr. Parida in addition submits that there is no financial liability of the petitioner in this case. 4.2. On the other hand, Mr. T.K. Acharya, learned Additional Public Prosecutor by producing written instruction received from the Deputy SP CID CB Cyber PS submits that the financial liability of the petitioner- Pattaraja. S @ S. Pattaraja is for Rs.3,54,000/- and petitioner-Akash Kesarwani is for Rs.3,60,017/-, but he, however, prays to reject the bail application of the p. 3 petitioners since there is large scale conspiracy and cheating of the informant. 5. After having considered the rival submissions upon perusal of record, there appears some allegation against the petitioners for making transaction with the informant, but the financial liability as referred to by the learned Additional Public Prosecutor only reveals about liability of individual petitioner for Rs.3 to 4 Lakhs, however, it is volunteered for the petitioner-Akash Kesarwani to deposit Rs.1.5 Lakhs to the account of the informant. On the other hand, no criminal antecedent of similar nature has been reported against any of the petitioners. In view of the above facts and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and keeping in view the role as alleged against the petitioners and taking into account the alleged financial liability of the individual petitioners and regard being had to the pre trial detention of the petitioners in custody since 30.03.2025, 26.03.2025 and 09.06.2025 with submission of charge-sheet in the meantime and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits each of the petitioners to bail. p. 4 6. Hence, these three bail applications of the petitioners namely Pattaraja. S @ S. Pattaraja (In BLAPL No.10619 of 2025); Akash Kesarwani (In BLAPL No.6061 of 2025) and Kantariya Yogvesh Harijibhai (In BLAPL No.8396 of 2025) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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:- (i) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS, 2023 in accordance with law. 7. Accordingly, these BLAPLs stand disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer