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2025 DAILYLAW 59638 (ORI)

SAMIUDDIN KHAN @ SHAMI KHAN @ SHAMIUDDIN KHAN v. STATE OF ODISHA

BLAPL/10633/2024 · 2025-05-15

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK Samiuddin Khan @ Shami Khan @ Shamiuddin Khan (In BLAPL No.10633 of 2024) Praveen Kumar (In BLAPL No.11463 of 2024) Amanulla Khan (In BLAPL No.12440 of 2024) … Petitioners Mr. R.N. Rout, Advocate (In BLAPL No.10633 of 2024) Mr. B. Sahoo, Advocate on behalf of Mr. S.S. Ray(2), Advocate (In BLAPL No.11463 of 2024) None (In BLAPL No.12440 of 2024) -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP. CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 15.05.2025 05. 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 CID Crime Branch Cyber Crime P.S. Case No. 28 of 2023 corresponding to G.R. Case No.2870 of 2023 pending in the file of learned J.M.F.C(T) Berhampur, for commission of offences punishable U/Ss. 419/420/465/467/468/471/120-B/34 of the IPC r/w. Section 66(C)/66(D) of the IT Act, on the main allegation of alluring the innocent depositors to invest money on the assurance of getting high returns and in the process cheating the informant and other investors. 4. Heard, Mr. Rajendra Narayan Rout, learned counsel for the petitioner in BLAPL No. 10633 of 2024; Mr. Byomokesh Sahoo, learned proxy counsel appearing on behalf of Mr. S.S. Ray-2, learned counsel for the petitioner in BLAPL No. 11463 of 2024 and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the petitioner in BLAPL No. 12440 of 2024. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for defrauding the innocent depositors, but on the last date, a comprehensive affidavit was filed on behalf of the petitioner in BLAPL No. 10633 of 2024, in which the father of the petitioner has stated that there is neither any complaint made against the petitioner in any other State nor any FIR has been registered against him. In support of such contention, this Court, however, by taking into consideration such comprehensive affidavit and submission of the learned counsel for the petitioner, has asked the learned State Counsel to inform this Court by way of an affidavit of the IO as to whether any criminal case has been registered against the petitioner. In pursuance to such order, the IO has filed an affidavit today in this case stating therein that not only 26 numbers of complaints have been found against the Account No.776605500148 which was used by the petitioners namely Samiuddin Khan @ Shami Khan @ Shamiuddin Khan in BLAPL No.10633 of 2024 and Amanulla Khan in BLAPL No.12440 of 2024, but also three cases have been registered against the two petitioners in the State of Uttar Pradesh and Telangana. Further, the affidavit also indicates about 56 numbers of complaints against the petitioner-Praveen Kumar in BLAPL No. 11463 of 2024 and 6 FIRs have been registered against him in the State of Karnataka and Telangana. The petitioners herein not only misled this Court, but also suppressed the facts. Further, the allegations against the petitioners are serious and grave. 6. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record and the willful non-disclosure of the criminal antecedents by the petitioners and filing comprehensive affidavit by suppressing the fact of criminal antecedents, this Court is not inclined to grant bail to any of the petitioners. Hence, these three bail applications of the petitioners namely Samiuddin Khan @ Shami Khan @ Shamiuddin Khan (BLAPL No. 10633 of 2024), Praveen Kumar (BLAPL No. 11463 of 2024) and Amanulla Khan (BLAPL No.12440 of 2024) stand rejected. 7. Accordingly, BLAPL Nos. 10633, 11463 & 12440 of 2024 stand disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal