The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Sarita Paikray (In BLAPL No.7834 of 2025) M. Dibyashree Jyotiranjan (In BLAPL No.8952 of 2025) Smrutiranjan Sethy (In BLAPL No.8978 of 2025) … Petitioners Mr. D.P. Dhal, Sr. Advocate along with Mr. M. Agarwal, Advocate (in BLAPL No.7834 of 2025) Mr. S.C. Mohapatra, Advocate along with Mr. S. Mohapatra, Advocate (in BLAPL Nos.8952, 8978 of 2025) -versus- State of Orissa (EOW) … Opposite Party
Legal Reasoning
Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 16.10.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These three bail applications are U/S.483 of the BNSS by the Petitioners for grant of bail in connection with EOW PS Bhubaneswar Case No.5 of 2025 arising out of CT Case No.05 of 2025 pending in the Court of learned Presiding Officer, Designated Court, under OPID Act, Cuttack for commission of Page 1 of 5 Order No. 03. offences punishable U/Ss. 409/420/467/468/471/ 120-B of IPC r/w Sec.66D of IT Act. 3.1 The IO by way of an written instruction informs the Court that the allegation against the petitioners is for extending 92 ineligible persons to avail express credit loan from Jaydev Vihar Branch for a sum of Rs.4,10,53,400 and extending 142 numbers of ineligible persons to avail express credit loans from Damana Chhak Branch for a sum of Rs.3,99,59,100 and in the process causing loss to the State Bank of India for a total sum of Rs.8,10,12,500/- (Rupees Eight Crores Ten Lakhs Twelve Thousand Five Hundred) only . 4. Heard, Mr. Debi Prasad Dhal, learned sr. counsel who is being assisted by Mr. Manoj Agarwal, learned counsel for the petitioner in BLAPL No.7834 of 2025; Mr. Soura Chandra Mohapatra, learned Sr. counsel who is being assisted by Mr. S. Mohapatra, learned counsel for the petitioners in BLAPL Nos.8952 & 8978 of 2025 and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 5. Mr. Mohapatra, learned Sr. counsel by producing the copy of the order passed by the Apex Court in Criminal Appeal No.4362 of 2025 arising out of SLP (Crl) No.10601 of 2025 & Criminal Appeal No.4363 of 2025 arising out of SLP (Crl) No.10705 of 2025, informs the Court that co-accused Debasish Page 2 of 5 Behera and Niranjan Behera whose bail application were turned down by this Court on 17.06.2025 in BLAPL Nos.5488 & 5491 of 2025 have already been granted bail by the Apex Court. Perused such order, wherein the relevant observation of the Apex Court reads as under:- “6. On a specific query to the State- Counsel whether any material was collected during investigation to show that the fabricated documents were prepared in the hand of the appellant(s) or that seals, etc to fabricate documents were recovered from the appellant(s), the learned Counsel for the respondent submitted that no such material has been placed in the counter affidavit. 7. As it is not in dispute that investigation qua appellant(s) is complete and charge- sheet(s) have been submitted, taking into account the nature of offences and that the appellants have been in jail since 21.04.2025 neither employee(s) of the bank nor borrower(s), we are of the view that the appellant(s) are entitled to be released on bail during pendency of trial.” they and are 6. It appears from the record that co-accused M. Dibyashree Jyotiranjan and Smrutiranjan Sethy appears to be standing on similar footing with that of co-accused Debasis @ Debasish Behera and Niranjan Behera. Further, co-accused Sarita Paikray was the erstwhile Branch manager of SBI, Damana Branch which has issued loan to 142 ineligible persons. It is, however, not disputed that Page 3 of 5 preliminary charge-sheet has already submitted in this case, but the petitioners are in custody since 21.04.2025 and 22.07.2025. Besides, the allegation against the petitioners is based on documentary evidence and the petitioners having root in the society can be well said to have satisfied the tripod test. Further, if the apprehension of flight risk by the petitioners is taken into consideration, some appropriate conditions can be imposed to curbed such apprehension. 7. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record and regard being had to grant of bail to co-accused Debasis @ Debasish Behera and Niranjan Behera by the Apex Court, this Court without expressing any view on merit admits the petitioners to bail. 8. Hence, the bail applications of the Petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.5,00,000/- (Rupees Five Lakhs) 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 petitioners shall not commit similar type of offence while on bail, (ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed Page 4 of 5 with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS, 2023 in accordance with law and (iii)The petitioners shall surrender their passport, if any (if not already surrendered), and in case, they are not the holder of the same, they shall swear an affidavit to that effect. If their passport has already been seized or they have already surrendered their pass-port before the learned trial Court that fact should also be supported by an affidavit. 9. Accordingly, the BLAPL Nos.7834, 8952 &
Decision
8978 of 2025 stands disposed of. 10. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna Signature Not Verified Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Oct-2025 14:29:54 Page 5 of 5