The Court rejected a petition for pre-arrest bail filed by a petitioner implicated in a cyber fraud case involving deposit collection. The Court held that custodial interrogation was essential as the investigation was in progress and the offence was serious.
Bail prayer rejected; petitioner to remain in custody for investigation.
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ABLAPL No.12913 of 2019
The petitioner in this case having been implicated in Cyber Crime P.S. Case No.14 of 2019 corresponding to G.R. Case No.681 of 2019 pending in the court of learned S.D.J.M., Khurda for alleged commission of the offence punishable under Sections 419/420/465/468/471/506/34 IPC and Sections 66(C)/66(D) of the I.T Act has filed this petition for his release on pre-arrest bail.
It appears that the petitioner was an employee in the office of the C.D.M.O., Khurda. He along with another person launched a website and accepted deposits from the persons assuring them lucrative returns. Pursuant to such persuasions made in the website, many gullible depositors had deposited their money in the account of the petitioner. According to the investigating agency, the amount collected is near about Rs.1.76 crores.
Learned counsel for the petitioner submits that since another person, namely, Manoranjan Biswal involved in the same offence has been released on bail, the petitioner should be released on pre-arrest bail.
Learned counsel for the State has opposed the prayer for pre-arrest bail.
Considering the facts and submissions made, especially the fact that the investigation is in progress and custodial interrogation of the petitioner may be essential to unearth further materials and the offence alleged is heinous
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and serious in nature, this Court is not inclined to release the petitioner on pre- arrest bail.
Accordingly, the prayer for pre-arrest bail stands rejected.
…………………..
S.Pujahari, J.
PKS
1 issue framed by the court
Whether the petitioner should be released on pre-arrest bail given the ongoing investigation and heinous nature of the offence.
2 provisions across 2 enactments
The Petitioner
The State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
