Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 72025 (ORI)

K.SATISH BABU v. STATE OF ODISHA

BLAPL/7357/2025 · 2025-09-25

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7357 of 2025 K. Satish Babu … Petitioner Mr. B. Sarangi, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 25.09.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with GR Case No. 710 of 2024 arising out of Bada Bazar PS Case No. 104 of 2024 pending in the Court of learned SDJM, Berhampur, Ganjam for commission of offences punishable U/Ss. 420/ 294/506/34 of IPC, on the main allegation of cheating the informant and 13 others for a sum of Rs. 49,84,000/-. 3. Heard, Mr. Bhagaban Sarangi, learned counsel for the Petitioner appearing virtually and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions upon perusal of the record, there appears allegation against the Petitioner for swindling away a sum of Rs. 49,84,000/- from the informant and 13 other depositors who have been allegedly allured to deposit with the Petitioner for high returns, but it is the consistent plea of the Petitioner that he has settled the matter with the informant and others, but such assertion is without any basis, however, it appears from the impugned order that the informant has filed an affidavit in the trial Court admitting the settlement between him and the Petitioner, but it is never disputed that the allegation against the Petitioner is not only by the Informant, but by other 13 depositors. Moreover, when the Petitioner has procured an affidavit of the informant in the course of investigation, it sufficiently vindicates that the Petitioner is at position to influence the witnesses during investigation and subsequent thereto. The paramount consideration in granting bail is to see that the accused should not tamper with the prosecution materials, however, the conduct of the Petitioner itself does not justify such stand. 5. In view of the above facts and after having considered the rival submissions and there being no material to suggest that the investigation has been completed and taking into account the other circumstances on record in entirety, this Court is not inclined to grant bail to the Petitioner at this stage. Hence, the bail application of the petitioner stands rejected. The Petitioner is, however, at liberty to renew his prayer for bail after submission of charge sheet. Page 3 of 3 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit