The High Court of Orissa allowed the bail application of Akshya Kumar Nayak, finding no justified reason for continued custody in a cyber case involving alleged tax evasion.
Petitioner released on bail on terms including personal appearance each day and surrendering passport if any.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5085 of 2022
Akshya Kumar Nayak
…. Petitioner
Mr.D. Panda,
Advocate
-Versus -
State of Odisha …. Opposite Party
Mr. S.K. Mishra, Additional Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
23.09.2022
BLAPL No. 5085 and 5101 of 2022
Order No.
4.
Page 1 of 1
transactions were made only with the intent of evading Income Tax as well as GST. From the materials on record, it appears that no personal loss was caused to the informant in the process save and except the fact he was called upon by the Income Tax authorities and GST authorities to explain such huge transactions involving his account. In the meantime, charge sheet has been submitted. Both the petitioners appear to be residents of Rourkela. Therefore, I find no justified reason to detain them in custody any longer. The bail application is therefore allowed. Let the petitioners be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the following conditions:-
( Sashikanta Mishra) Judge
Page 2 of 2
BC Tudu
Page 3 of 3
1 issue framed by the court
Whether the petitioner should be released on bail in a cyber case involving alleged offences under IPC and IT Act.
2 provisions across 2 enactments
Akshya Kumar Nayak
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
