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2025 DAILYLAW 54565 (ORI)

ASHUTOSH ACHARYA v. STATE OF ODISHA (EOW)

BLAPL/8461/2024 · 2025-08-06

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Ashutosh Acharya (In BLAPL No.8461 of 2024) Samaresh Ranjan Das (In BLAPL No.6845 of 2025) … Petitioners Mr. M. Kanungo, Sr. Advocate along with Mr. S. Mishra, Advocate (in BLAPL No.8461 of 2024) Mr. S.N. Mishra-4, Advocate (in BLAPL No.6845 of 2025) -versus- State of Orissa (EOW) … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.08.2025 10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are taken up 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 EOW, Bhubaneswar Case No.14 of 2023 corresponding to CT Case No.205 of 2023 pending in the file of learned Chief Judicial Magistrate, Phulbani, for commission of offences punishable U/Ss.409/ 420/ 467/ 468/ 471/ 120- B of IPC r/w Section 66(c) of IT Act, on the allegation of misappropriating bank money to the tune of Rs.6.89 Crores by forging documents in allowing credit facilities to 44 persons through 59 Xpress Credit loans and to 18 persons in 26 Pension loans. 4. Heard, Mr. Milan Kanungo, learned Senior Counsel, who is being assisted by Mr. Sitikanta Mishra, learned counsel for the petitioner in BLAPL No.8461 of 2024; Mr. Satya Narayan Mishra-4, learned counsel for the petitioner in BLAPL No.6845 of 2025 and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions and taking into account the nature and gravity of offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the enormity of the allegation in misappropriating bank funds to the tune of Rs.6.89 Crores approximately and there being prima facie materials against the petitioners and on going through the depositions of the witnesses so far examined in this case, this Court is not inclined to grant bail to the petitioners at this stage. 6. Hence, the bail applications of the petitioners Ashutosh Acharya and Samaresh Ranjan Das stand rejected. Accordingly, BLAPL Nos.8461 of 2024 & 6845 of 2025 stand disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer