The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Debasis Pattnaik (In BLAPL No.1373 of 2025) Truptirekha Mohapatra (In BLAPL No. 1519 of 2025) … Petitioners Mr. S. Sarangi, Sr. Advocate along with Mr. S.P. Das, Advocate (In BLAPL No. 1373 of 2025) Mr. R. Behera, Advocate (In BLAPL No. 1519 of 2025) -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP Mr. S.K. Mishra, Advocate (informant) (in both the BLAPLs) Order No. 03. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 20.06.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with
Facts
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 Gosaninuagaon P.S. Case No.24 of 2025 corresponding G.R. Case No.166 of 2025 pending in the file of learned S.D.J.M., Berhampur, for Page 1 of 6 commission of offences punishable U/Ss.61(2)/ 318(4)/316(4)/316(5)/317(5) of BNS, on the main allegation of misappropriating a sum of Rs.1,46,46,000/- of the bank. 4.
Legal Reasoning
After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for misappropriating bank money, but fact remains that the IO in his written instruction has inter alia stated the following amounts to have been credited to the account of the petitioners which are extracted herein under in the table:- Name of the petitioner Debasis Pattnaik Debasis Pattnaik Debasis Pattnaik Debasis Pattnaik Name of the Bank & Account No. Berhampur Co- Operative Central Bank Ltd. A/C. 023053010113 Berhampur Co- Operative Central Bank Ltd. A/C. 023053010700 Berhampur Co- Operative Central Bank Ltd. A/C. 023053010888 HDFC Bank A/C. 5010035202520 Amount credited to the account of the petitioner Rs.6,40,88,543/- Rs.31,92,609/- Rs.2,58,594/- Rs.1,81,36,600/- Total amount = Rs. 8,56,76,346/- Truptirekha Mohapatra Berhampur Co- Operative Central Bank Ltd. A/C. 023053010635 Rs.18,83,379/- Page 4 of 6 However, the petitioner Truptirekha Mohapatra is a lady and she is entitled to the benefit of first proviso appended to Section 480 of BNSS. It is also not in dispute that the petitioner-Debasis Pattnaik is also involved in another case vide Chhatrapur P.S. Case No. 107 of 2025, whereas no other adverse report/criminal antecedent is available against the petitioner- Truptirekha Mohapatra. 7. In view of the above facts and after having considered the rival submissions and taking into account the magnitude of crime as alleged against the petitioner- Debasis Pattnaik and the quantum of misappropriation of bank money as alleged against him and on going through the materials placed on record, this Court while not being inclined to grant bail to petitioner-Debasis Pattnaik, considers it appropriate to grant bail to petitioner-Truptirekha Mohapatra by extending the proviso appended to Section 480 of BNSS. Hence, while rejecting the prayer for bail of the petitioner-Debasis Pattnaik (BLAPL No. 1373 of 2025), the bail application of the petitioner Truptirekha Mohapatra (BLAPL No. 1519 of 2025) stands allowed and the Petitioner-Truptirekha Mohapatra is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the Page 5 of 6 case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner-Truptirekha Mohapatra shall not commit any offence while on bail and ii) the petitioner- Truptirekha Mohapatra in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the learned trial Court may bail, the proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner-Truptirekha Mohapatra without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner-Truptirekha Mohapatra in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case. 8. 9.
Arguments
Heard, Mr. Santanu Kumar Sarangi, learned Senior Counsel, who is being assisted by Mr. S.P. Das, learned counsel for the petitioner in BLAPL No. 1373 of 2025; Mr. Rakesh Behera, learned counsel for the petitioner in BLAPL No. 1519 of 2025; Mr. M.K. Mohanty, learned Addl. PP and Mr. S.K. Mishra, learned counsel for the informant in these matters and perused the record. 5. In the course of hearing, Mr. Santanu Kumar Sarangi, learned Senior Counsel by drawing attention of the Court to the FIR allegation and the allegation in forwarding report submits that although there appears allegation against the petitioner-Debasis Pattnaik for misappropriating Rs.1,46,46,000/- in the FIR, but the amount is yet to be quantified since the final audit report is yet to come and the allegation appearing in the forwarding report reveals misappropriation of Rs.1,22,00,000/-, but there is absolutely no material to find out any misappropriation of bank money against the petitioner. It is also submitted that the petitioner has already been detained in custody since last five months and the charge sheet has already been submitted, but the investigation has been kept open. Page 2 of 6 Accordingly, Mr. Sarangi prays to grant bail to the petitioner-Debasis Pattnaik. 5.1. On the other hand, Mr. Rakesh Kumar Behera, learned counsel for the petitioner-Truptirekha Mohapatra in BLAPL No. 1519 of 2025 submits that the petitioner is a probationer and she has no role in the alleged commission of crime, rather the allegation appearing against the petitioner is insignificant and to the tune of Rs.32,00,000/- and her role is limited to signing a fake fixed deposit receipt and she is having no criminal antecedent. Accordingly, Mr. Behera prays to grant bail to the petitioner-Truptirekha Mohapatra. 5.2. On the other hand, Mr. S.K. Mishra, learned counsel for the informant while drawing attention of the Court to the criminal antecedent of the petitioner- Debasis Pattnaik for similar offences in Chhatrapur P.S. Case No. 107 of 2025 submits that not only the petitioner has committed the crime in this case, but also he is in the habit of committing similar crime and therefore, his bail application should be turned down. 5.3. On the other hand, Mr. M.K. Mohanty, learned Addl. PP by producing the written instruction received from IIC, Gosaninuagaon P.S. submits that not only the petitioner- Debasis Pattnaik has misappropriated Rs.1,46,46,000/-, but also around Rs.10,00,00,000/-(Rupees ten crores) has been credited to his account on different occasions and Page 3 of 6 therefore, Mr. Mohanty strongly prays to reject the bail application of both the petitioners. 6.
Decision
Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Page 6 of 6 S.Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Jun-2025 17:52:04