Jayprakash Barik vs State of Odisha

G. Satapathy, J.

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Burla PS Case No.78 of 2026 corresponding to GR Case No.107 of 2026 pending in the file of learned JMFC-I (CT), Sambalpur, for commission of offences punishable U/Ss.318(4)/317(2)/61(2) of BNS r/w Sections 66(C)/66(D) of IT Act, on the main allegation of facilitating the co-accused fraudster to commit financial fraud by using his account.

Heard, Ms. Agnisikha Ray, learned proxy counsel appearing on behalf of Mr. Aswini Kumar Panda, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record.

Admittedly, the petitioner is implicated in this case, but the copy of charge-sheet as produced discloses that during interrogation, the accused persons admitted to have opened up and operated the accounts on the instruction of fraudster in lieu of commission for facilitating such illegal transaction. Further, the instruction as received from the IIC, Burla and produced before this Court reveals that a sum of Rs.2,42,322/- has been credited to the account of the petitioner and an amount of Rs.2,29,710/- has been diverted till 23.12.2025. Besides, co-accused Ananta Kumbhar and another have already been granted bail by this Court in BLAPL No.4671 of 2026. Further, co-accused Basanta Meher has been left by the Police after issuing a notice U/S.35(3) of BNSS, however, similar endeavour has not been made qua the present petitioner, but the present petitioner is in custody since 19.02.2026 and in the meantime, charge sheet has already been submitted. The case is primarily based on documentary evidence and the same has probably been collected in the meantime, but no material has been produced to suggest that the petitioner would tamper such documentary evidence.

In the aforesaid facts and circumstance and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-vis the materials placed on record and regard being had to the pre-trial detention of the petitioner in custody and keeping in view the other circumstances on record in entirety including the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial and the grant of bail to co-accused Ananta Kumbhar and another in BLAPL No.4671 of 2026, this Court without expressing any view on merits, admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand) only with one solvent surety 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:-

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.