p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7873 of 2025 Sanjay Kumar Behera … Petitioner Mr. B.K.Ragada, Advocate, on behalf of Mr. S.R. Polai, Advocate -versus- State of Odisha … Opposite Party Mr. P.Satapathy, Addl. PP Mr.S.K.Dwibedi, Advocate for informant CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 09.02.2026 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Berhampur Town PS Case No.147 of 2024 corresponding to GR Case No.946 of 2024 pending in the file of learned SDJM, Berhampur, for commission of offences punishable U/Ss. 419/420/467/468/471/474/ 294/506/120-B/34 of I.P.C., on the main allegation of cheating the informant by selling a piece of land impersonating him as the real owner despite knowing that he is not the real owner, rather one Nrusingha Charan Padhy is the real owner. 3. Heard, Mr. Bijaya Kumar Ragada, learned proxy counsel appearing on behalf of Mr. Sibaranjan Polai, learned counsel for the petitioner, Mr. P.Satapathy, learned Additional Public Prosecutor and p. 2 Mr.Suray Kanta Dwibedi, learned counsel for the informant in the matter and perused the record. 4. In the course of hearing, Mr.Bijaya Kumar Ragada, learned counsel for the petitioner submits that the petitioner is not the principal accused, rather one Krushna Chandra Choudhury who is alleged to have misappropriated the money is the principal accused, but Krushna Chandra Choudhury has already been granted bail by a Coordinate Bench of this Court in BLAPL No. 5887 of 2024 and thereby, the petitioner may kindly be granted bail. 4.1. On the other hand, Mr.Surya Kanta Dwibedi, learned counsel for the informant submits that Krushna Chandra Choudhury is the associate of the present petitioner, but the present petitioner has taken the money in his account and misappropriated the same, however, the petitioner is passing the buck on the co- accused to get rid of this case and, therefore, the petitioner having been prima facie involved in a case of cheating of Rs.41,00,000/-, his bail application may kindly be rejected. Similar is the objection of the learned State counsel to the bail application of the petitioner. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the p. 3 petitioner in custody since 29.07.2024 with submission of charge-sheet in the meantime and taking into account the statement of the informant and keeping in view the other circumstance on record in entirety including grant of bail to co-accused Krushna Chandra Choudhury and the inherent right of the accused to be presumed innocent until proven guilty at the trial and last but not the least, all the offences being triable by Magistrate 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, this Court without expressing any opinion on merits of the case, admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and the petitioner 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. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge kishore