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2025 DAILYLAW 69002 (ORI)

BIMALANANDA BHUYAN v. STATE OF ODISHA (OPID)

BLAPL/4451/2025 · 2025-10-28

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4451 of 2025 Bimalananda Bhuyan … Petitioner Mr. T.K. Mohanty, Advocate -versus- State of Odisha (OPID) … Opposite Party Mr. A.K. Nayak, Advocate (OPID) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.10.2025 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with EOW Bhubaneswar P.S. Case No.10 of 2020 corresponding to C.T. Case No.08 of 2024 pending in the file of learned Presiding Officer, Designated Court under OPID Act, Cuttack, for commission of offences punishable U/Ss.406/420/ 467/468/471/120-B of IPC r/w. Sec. 6 of the OPID Act, on the main allegation of duping the informant and other investors to the tune of crores of rupees on the pretext of providing lucrative returns against their investment in M/s. Quickclick Ad Media LLP which is purportedly a franchise for installation of LED screen/TVs at rural and urban areas. 3. Heard, Mr. Tanamay Kumar Mohanty, learned counsel for the petitioner and Mr. A.K. Nayak, learned counsel appearing for the OPID in the present matter and perused the record. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for duping the informant and other investors and accordingly, in the charge sheet it has been stated that the petitioner has in fact allegedly duped 18 investors for a sum of Rs.45,84,000/-. Right now the charge has already been framed and thereby, trial will commence soon, however, there are 37 charge sheeted witnesses and the allegation against the petitioner is based on documentary evidence. In such situation and sequence of events, the trial would definitely take some time, but co-accused Rammi Bhuyan @ Rammi Prusty has already been granted bail by a co-ordinate Bench of this Court in BLAPL No. 9996 of 2024. 5. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offence 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 since 18.05.2024 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 and following the well-recognized principle of “bail is the rule, but jail is the exception”, this Court without expressing any view on merits, 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.5,00,000/- (Rupees Five Lakhs) only with two solvent sureties each 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 petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and the petitioner shall cooperate with the trial. 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 in accordance with law. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal