Rabi Ranjan Nayak @ Rabindra Nayak Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

Rabi Ranjan Nayak @ Rabindra Nayak Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail protection: Petitioner to surrender within three weeks and move for bail; the learned Court in seisin to release him on bail on such terms as deemed just and proper, subject to verification of criminal antecedents and confirmation that this order has not been assailed before the Apex Court; Petitioner to cooperate with the ongoing investigation.

Issue for consideration

Whether the Petitioner, accused in C.T. Case No.13 of 2025 (arising out of Mancheswar P.S. Case No.7 of 2025) for offences under Sections 420/34 IPC, is entitled to pre-arrest bail.

Court's answer

On surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of his criminal antecedents of any nature.

Ratio / Principle

If it comes to the fore that the Petitioner has criminal antecedents of any nature, this order shall not be given effect to.

Key takeaways

Before releasing the Petitioner, the learned Court shall verify whether this order has been assailed before the Apex Court and, if so, the result thereof.ratio¶25
The Petitioner shall cooperate with the ongoing investigation.obiter¶25

Detailed headnote1 paragraphs

Pre-arrest bail – ABLAPL – Offences punishable under Sections 420/34 of IPC arising out of Mancheswar P.S. Case No.7 of 2025, C.T. Case No.13 of 2025 pending before learned J.M.F.C.(2), Bhubaneswar – As submitted by Petitioner's counsel, role ascribed to Petitioner was of introducing the informant to one Prayag Prajapati, in whose account the informant deposited Rs.92,00,000/-, the Petitioner claiming himself to be an astrologer having persuaded the payment – Court directed that on surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedents of any nature – Order not to be given effect if criminal antecedents surface; releasing Court to verify whether the order has been assailed before the Apex Court – Petitioner to cooperate with ongoing investigation – ABLAPL stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1717 of 2025

Rabi Ranjan Nayak @ Rabindra Nayak

Petitioner

Mr. N.K. Routray, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH

ORDER

16.04.2025

Order No.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.13 of 2025 pending on the file of learned J.M.F.C.(2), Bhubaneswar arising out of Mancheswar P.S. Case No.7 of 2025 for commission of offences punishable under Sections 420/34 of IPC.

It is submitted by the learned counsel for the Petitioner that even if the entire allegation in the FIR is taken at its face value, the role ascribed to the Petitioner is of introducing the informant with one Prayag Prajapati in whose account, informant deposited a sum of Rs.92,00,000/-.

It is further submitted that the Petitioner claiming himself to be an astrologer persuaded the

Page 1 of 2

informant to make the said payment assuring him of bright future.

It is also submitted by the learned counsel for the Petitioner that since admittedly the amount has been paid to the co-accused, he may be protected by the pre-arrest bail.

Learned counsel for the State opposes such prayer.

Taking into account the nature of allegation, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of any nature.

If it comes to the fore that the Petitioner has criminal antecedent any nature, this order shall not be given effect to.

Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof. 10. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of. 12. U.C.C. as per rules.

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Apr-2025 11:05:18

Judge

Santoshi

Page 2 of 2