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2026 DAILYLAW 5010 (ORI)

DEBABRATA BARAI v. STATE OF ODISHA

BLAPL/1394/2026 · 2026-03-24

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1394 of 2026 Debabrata Barai … Petitioner Mr. S. Samantaray, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):24.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri PS Case No.537 of 2024 corresponding to GR Case No.665 of 2024 pending in the file of learned SDJM, Malkangiri, for commission of offences punishable U/Ss.316(4)/318(4) of BNS, on the main allegation of committing criminal breach of trust and cheating the company by siphoning the property of the company for a sum of Rs.12 Lakhs and some odd amounts for not being able to account for the spare parts stored in the storeroom under his exclusive control. 3. Heard, Mr. Sibasis Samantaray, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences 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 03.01.2026 with submission of charge- sheet in the meantime 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 the offences alleged against the petitioner being triable by Magistrate and taking into account the law laid down by the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty- five 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 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. 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, 2023 in accordance with law. 6. Accordingly, the BLAPL stands disposed of. 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 Subhasmita Designation: Sr. Stenographer