Kshirod Kumar Nayak v. State of Odisha
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Indian Penal Code, 1860
- Information Technology Act, 2000 ss. 66, 66(B), 66C
- Code of Criminal Procedure, 1973 s. 173(8)
Key paragraphs
- Para 44. 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 allegation of committing fraud by forging documents…
Judgment
Mr. M.K. Mohanty, Addl. PP Order No. 04. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 03.07.2025
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with CID(CB) Cyber Crime PS Case No. 58 of 2024 corresponding to GR Case No.903 of 2024 pending in the Court of learned JMFC-III, Cuttack for commission offences punishable U/Ss. 409/419/420/467/468/471/120-B/34 IPC r/w Sections 66/66C/66(B) of the IT Act, on the allegation of securing an overdraft loan of Rs. 2.25 Crores fraudulently against the fixed deposit of Rs. 2.5Crores made by the Informant and transferring the said amount to bank account of his sister and thereafter, transferring it to different accounts through multiple transactions by obtaining the signatures of Informant surreptitiously on different documents and in the process, cheating her by committing online fraud.
Heard, Mr. Santanu Kumar Sarangi, learned Senior Counsel who is being assisted by Mr. Asish Kumar Ray, learned counsel for the Petitioner and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record including the written instruction submitted by the IO through learned Addl. PP. Mr. Sarangi, learned Sr. Counsel also submits that the Petitioner is ready to pay back of Rs. 20,00,000/- to the Informant as a condition for grant of bail to him.
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 allegation of committing fraud by forging documents and the supporting materials collected by the Investigating Agency and keeping in view the manner in which a Senior Citizen(Informant) has been defrauded and taking into account the nature and strength of materials collected by the Investigating Agency, so also the magnitude of the crime, this Court notwithstanding to the alternative submission made for the Petitioner for paying back of Rs. 20,00,000/- considers it undesirable to grant bail to the Petitioner, especially when the investigation is kept upon U/S. 173(8) of the CrPC/193(3) of BNSS. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per
Rules. (G. Satapathy) Priyajit Judge Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Jul-2025 18:21:25
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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