The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 7435 of 2024 An application under Section 439 of the Code of Criminal Procedure, 1973. Bhanu Pratap Yadav .…. Petitioner -versus- State of Odisha …… Opp. Party ----------------------------------------------------------------------------- For Petitioner : Ms. Ayushi Mehta, Advocate For Opp. Party : Mr. Sarbeswar Behera, Advocate (for state) ----------------------------------------------------------------------------- CORAM: HONOURABLE MISS JUSTICE SAVITRI RATHO JUDGMENT 07.03.2025 Savitri Ratho, J. This application under Section 439 of Cr.P.C. has been filed in connection with Cyber Crime P.S. Case No. 21 of 2023 corresponding to C.T. Case No. 1630 of 2023 pending in the court of the learned S.D.J.M., Bhubaneswar where charge sheet dated 18.03.2024 keeping investigation open in commission of offence under Section 419, 420, 465, 467, 471, 120-B, 34 of IPC read with Sections 66(C) /66(D) of IT Act. BLAPL No. 7435 of 2024 Page 1 of 9 2. The prayer for bail of the petitioner and co-accused Rupali Gupta has been rejected on 27.03.2024 by the learned 5th Additional Sessions Judge, Bhubaneswar by a common order dated 27.03.2024 in B.A. No. 123 of 2024. PROSECUTION ALLEGATIONS
Facts
3. Initially FIR was registered against unknown persons on the information of one Dillip Kumar Jalan lodged FIR on 04.10.2023 at the Cyber Cell Police Station. He alleged that he has a HDFC Life Insurance Policy in the name of his wife. In the first week of July, 2023, he received a call from an unknown person regarding premature release of the policy. He received calls from numbers 9812467649, 7207660964, 9911266906, 9193041401, 9812493952, 9953057289, 8376858433, 9910586356, 9911041392, 8750376496 and as per the advice of the caller, he transferred Rs.76,15,955/- to different bank accounts between 05.07.2023 to 28.09.2023 in Account No. 921010046625512, 34889554692, 10577035908 and 2845322439 and had attached the payment details. On the basis of his FIR, a case was registered against unknown persons for commission of offences under Sections- 419, 420, 465, 467, 471, 120-B, 34 of IPC read with Sections 66(C) / 66(D) of IT Act. During investigation it was found that from these accounts, amounts had been withdrawn or transferred to other accounts . BLAPL No. 7435 of 2024 Page 2 of 9 4. Chargesheet has been submitted on 18.03.2024 under Sections 419, 420, 465, 467, 471, 120-B/34 of IPC read with 66-C/66-D of IT Act, 2000 against Bhim , Yogendra Singh, Tej Kumar, Ashish Kumar, , Raghu Anand, Rupali Gupta, Pramoda Valli and Bhanu Pratap Yadav, keeping investigation open under Section 173 (8) of Cr.P.C. for collection of additional evidence and identity of Kabya Singh ( Axis Bank account holder) and Vikas Kumar Gupta( Union Bank of India account holder), certificates under Bankers Book of Accounts and Section – 65 B of the Indian Evidence Act . In the chargesheet one hundred sixty six articles / documents have been mentioned to have seized during investigation and relied upon and thirty four witnesses have been cited. Trial has not started in the case. SUBMISSIONS
Legal Reasoning
considering the bail application and are prima facie views and should not influence the learned trial court which is to try the case strictly on the basis of evidence led in the case. 13. BLAPL No. 7435 of 2024 is accordingly allowed. 14. Urgent certified copy of this order be granted on proper application. 15. Copy of this order be supplied to Mr Sarbeswar Behera learned Additional Government Advocate for onward transmission to the I.O., Smt. Sabita Sahoo, Inspector, CID, CB, Cuttack. ……………………… (Savitri Ratho, J.) Orissa High Court, Cuttack. The 7th March, 2025 Subhalaxmi, Jr. Steno Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Designation: Junior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 13-Mar-2025 21:33:33 BLAPL No. 7435 of 2024 Page 9 of 9
Arguments
5. Ms. A. Mehta, learned counsel for the petitioner submits that the petitioner is in custody since 21.11.2023 and he does not have any criminal antecedents and an affidavit to that effect has been sworn by one Manoj Kumar Mohanty, Advocate’s clerk stating that the affidavit has been filed as per instructions received from Mr. Devendra Kumar, Advocate, Allahabad High Court. She submits that although it is the prosecution allegation that Rs. 35,88,000/- had been transferred through a bank account of the Union Bank namely Account No. BLAPL No. 7435 of 2024 Page 3 of 9 359802011014438 and Rs. 3,98,000/- had been transferred through an Axis Bank account No. 923010026971949 and both accounts are in the name of the present petitioner, but the said accounts have never been operated by the petitioner and in fact the ATM Cards of one account was recovered from the possession of one co-accused Rupali Gupta, who has been granted bail by this Court in BLAPL No. 3805 of 2024 on 19.07.2024. The petitioner has no connection with the accounts and investigation reveals that withdrawals using ATM card has been made from Delhi, Faridabad and Balabhgarh while the petitioner is a resident of Mirzapur. She has further submitted that in the meanwhile the investigation has been completed and as all the offences are triable by Magistrate First Class and two co-accused persons have been released on bail, his prayer for bail may be sympathetically considered. 6. Mr. S. Behera, learned Additional Government Advocate opposed the prayer for bail stating that this is a cyber-crime where the informant and his wife have been cheated of a huge amount Rs.76 lakhs. During investigation the cheque books as well as the pass books of the Axis Bank Account have been recovered from the possession of the petitioner and whatsapp details indicated that he was in communication with the other accused through whatsapp from his regular mobile number BLAPL No. 7435 of 2024 Page 4 of 9 9911041392. Investigation revealed that substantial amounts have been credited to the two account of the petitioner Bhanu Pratap Yadav. An amount of Rs 28,73 ,000/- had been deposited in the account of co accused Pramoda Valli by the victims out of which an amount of Rs 24,75,000/- has been transferred to the Union bank account No. 359802011014438 of Bhanu Pratap Yadav and Rs 3,98,000/- has been transferred to the Axis bank Account No. 923010026971949 of Bhanu Pratap Yadav. In account number 34889554692 of Tej Kumar, Rs 8,32,000/- had been credited from the account of the complainant and his wife , out of which Rs 5,70,000/- has been credited to account No. 359802011014438 of Bhanu Pratap Yadav. Rs 45,000/- out of Rs 65,000/- received by Ashish Kumar from Tej Kumar, has been transferred to the Union Bank account Number 359802011014438 of Bhanu Pratap Yadav and withdrawn by him. From the Kotak Mahindra account No. 2845322439 of Ashish Kumar, out of Rs 11,56,000/- credited to his account by the victims, Rs 7,58,000/- has been transferred to the Union Bank account Number 359802011014438 of Bhanu Pratap Yadav and Rs 3,76,000/- withdrawn by ATM at Azamgarh. 7. In a common order dated 05.03.2024 passed in BLAPL No. 1714 of 2024, BLAPL No. 4272 of 2024, BLAPL No. 4381 of 2024, BLAPL No. 4383 of 2024 and BLAPL No. 4662 of 2024 in respect of co-accused BLAPL No. 7435 of 2024 Page 5 of 9 persons Bhim, Yogendra Singh, Tej Kumar, Ashish Kumar and Raghu Anand, their prayer for bail has been allowed considering the period of custody, lack of criminal antecedent. ANALYSIS AND CONCLUSION 8. The right to life and liberty, which is guaranteed by Article 21 of the Constitution of India, cannot be curtailed for an indefinite period, merely because the person is accused of committing an offence. The purpose behind arresting and detaining a person in jail is mainly for ensuring his presence during trial. Detention of an accused may also be necessary during investigation, so that he / she does not tamper with evidence or interfere with the investigation. It is true that the amount the complainant and his wife have been defrauded of, is a large sum and it prima facie appears that the petitioner seems to be the mastermind behind the operation and he alongwith the co accused have acted in tandem pursuant to well chalked out plan. But all the offences alleged against the accused persons are triable by a Magistrate. Trial has not yet started. Keeping in mind, the documents which are required to be proved and the number of witnesses who are to be examined, it is apparent that the trial cannot be concluded at an early date. The two co accused who are women had been granted bail in BLAPL No. 14282 of 2023 and BLAPL No.3805 of 2024 on 12.07.2024. The prayer for bail of the BLAPL No. 7435 of 2024 Page 6 of 9 other co accused persons in BLAPL No. 1714 of 2024, BLAPL No. 4272 of 2024, BLAPL No. 4381 of 2024, BLAPL No. 4383 of 2024 and BLAPL No. 4662 of 2024 has been allowed by a common order passed on 05.03.2025 9. Keeping in mind the primary object of granting bail , the quantum of punishment prescribed for the offences the petitioner is accused for committing , the period spent by the petitioner in custody, unlikely chance of early completion of the trial, the submission regarding lack of criminal antecedents , the grant of bail to the co accused persons, I am inclined to allow the prayer for bail of the petitioner, but subject to stringent conditions as the petitioner is not a resident of Odisha, in order to ensure his presence in the trial Court during trial. 10. It is accordingly directed that the petitioner Bhanu Pratap Yadav shall be released on bail on such terms and conditions as the learned court in seisin over the matter in C.T. case No 1630 of 2023 may consider fit and proper, after verifying that he does not have any criminal antecedents, including imposition of appropriate cash surety keeping in mind the amounts transferred to his two accounts from the accounts of complainant and his wife and the accounts of the co co accused , as well as the following conditions: BLAPL No. 7435 of 2024 Page 7 of 9 (i) One of the sureties shall be a blood relation. (ii) The petitioner should not tamper with prosecution evidence or try to influence or threaten witnesses. (iii) The petitioner shall not indulge in any criminal activity. (iv) The petitioner shall provide the address in Bhubaneswar where he intends to reside after his release and also provide the details of his permanent address along with name of the Police Station to the learned trial Court, so that both addresses can be verified by the I.O. and the latter can establish contact with the Officer in Charge / Station House Officer of the Police Station before the petitioner is released on bail. (v) The petitioner shall provide his active mobile number(s) to the learned trial Court, so that the same can be verified by the I.O., before he is released on bail. Any change in the mobile number(s) shall be immediately informed to the Court, by his counsel within two days of the change. (vi) The petitioner shall not leave the Bhubaneswar U.P.D., without permission of the learned trial Court. (vii) The petitioner shall surrender his passport in the learned trial Court. In case he does not possess a passport, he shall submit affidavits to that effect. BLAPL No. 7435 of 2024 Page 8 of 9 (ix) The petitioner shall remain personally present in the learned trial court on each date of trial and co-operate for early disposal of the trial. (x) He shall not seek for adjournment on frivolous grounds. 11. In the event of violation of any of these conditions or any other condition that may be imposed by the learned Court in seisin over the matter, this order is liable to be recalled and / or the bail granted to the petitioner cancelled. 12. Observations in this order have been made for purpose of