Extracted from the PDF above. The PDF is authoritative.
BLAPL No.2764 of 2026 Page 1 of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.2764 of 2026
(In the matter of application under Section 483 of BNSS, 2023).
Ashish Kumar Yadav … Petitioner -versus- State of Odisha … Opposite Party
For Petitioner : Mr. C. Mohanty, Advocate
For Opposite Party : Mr. R.B. Mishra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
DATE OF HEARING & JUDGMENT:24.07.2026(ORAL) G. Satapathy, J.
1.
This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with CID Cyber Crime PS Case No.04 of 2023 corresponding to GR Case No.308 of 2023 pending in the file of learned JMFC-III (Cog. Taking), Cuttack, for commission of offences punishable U/Ss.419/420/ 467/468/471/120(B)/34 of IPC r/w Sections 66(C)/66(D) of IT Act, on the main allegation of deceiving the informant for a sum of Rs.25,35,646/- by facilitating transfer of money through a fake
BLAPL No.2764 of 2026 Page 2 of 4 website vide URL www.okinawa-scooter.com for giving dealership of OKINAWA Electric Scooter to the informant.
2.
Heard, Mr. Chinmay Mohanty, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.
3.
After having considered the rival
submissions upon perusal of record, it appears that FIR has been registered against unknown persons, but the petitioner has been subsequently arrested in this case and he is right now facing trial. The trial is right now being conducted by the learned JMFC, Cuttack, but the first witness was examined on 02.05.2026, however, the trial is yet to be concluded even today and, thereby, the petitioner is entitled to the relief U/S.480(6) of BNSS, which prescribes that if, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first
BLAPL No.2764 of 2026 Page 3 of 4 date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. No doubt, Section 480(6) confers discretion on the learned Magistrate, but such discretion stands on a different footing because of the word “shall” has been used in such Section. It is also no longer res integra that when liberty of a person is concerned, it should be interpreted liberally. Further, it is also not in dispute that the petitioner is in custody since 18.09.2025. In view of the above facts and taking into account the mode and manner of implication of the present petitioner and keeping in view the provision of Section 480(6) of BNSS, this Court without expressing any view on merit, admits the petitioner to bail. 4. 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/-
BLAPL No.2764 of 2026 Page 4 of 4 (Rupees Fifty Thousand) 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 conditions:- (i) the petitioner shall co-operate the trial. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.
(G. Satapathy)
Judge
Orissa High Court, Cuttack, Dated the 24th day of July, 2026/Subhasmita
Designation: Sr. Stenographer