Anticipatory bail sought by a former employee alleged to have defalcated about Rs.1.41 crore despite a salary of Rs.20,000 per month. The Court found mens rea from inception, declined anticipatory bail, but directed surrender within one month with same-day consideration of bail applications.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5569 of 2025
Ashok Kumar Nayak …. Petitioner
Mr. B.B. Mohanty, Advocate
-versus-
1. State of Odisha
…. Opposite Parties
2. Satyabrata Sahoo
Mr. S. Panigrahi, ASC Mr. P.P. Parida, Adv.(Informant)
CORAM: JUSTICE V. NARASINGH ORDER
27.10.2025 Order No.
04. 1. Heard learned counsel for the Petitioner learned counsel for the State and learned counsel for the Informant.
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In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C.II, Bhubaneswar on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C.-II, Bhubaneswar, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 10. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.-II, Bhubaneswar is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below. The forums below are requested to verify criminal antecedent of Petitioner of similar nature.
(V. NARASINGH) Signature Not Verified Judge
Digitally Signed Ayesha Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 29-Oct-2025 11:21:49
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1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner in a cheating/defalcation case arising out of Mancheswar P.S. Case No.125 of 2025 under BNS sections.
1 provisions across 1 enactments
Ashok Kumar Nayak
State of Odisha
Satyabrata Sahoo
V. Narasingh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
