Chhotu @ Sk. Naim Vs State of Odisha — Cheating and Forgery | Orissa HC (2026)

Chhotu @ Sk. Naim Vs State of Odisha — Cheating and Forgery | Orissa HC (2026)

What the court decided

AI extract

Outcome

Bail granted to each petitioner on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin, on terms and conditions deemed fit and proper by it.

Issue for consideration

Whether the petitioners, accused of offences punishable under Sections 61(2)/338/336(3)/340(2)/319(2)/318(4) BNS relating to alleged opening of mule accounts to facilitate cyber fraud, should be admitted to bail under S.483 BNSS in Chauliaganj PS Case No.513 of 2025 / GR Case No.1346 of 2025, considering the nature and gravity of the offences, their custody since 27.09.2025, submission of the charge-sheet, and that the offences are triable by a magistrate and punishable with imprisonment not beyond seven years.

Court's answer

Taking into account the nature and gravity of the offences, the petitioners' pre-trial detention in custody since 27.09.2025, submission of the charge-sheet, the accused's right to be presumed innocent until proven guilty, and that the offences are triable by a magistrate and not punishable beyond seven years, and applying the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, this Court admits each of the petitioners to bail without expressing any view on merit.

Ratio / Principle

The petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as it deems fit and proper; both BLAPL Nos.11591 and 12779 of 2025 stand disposed of accordingly.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (G. Satapathy, J.), common order dated 18.02.2026 allowing two bail applications U/S.483 BNSS - BLAPL No.11591 of 2025 (Chhotu @ Sk. Naim & Anr.) and BLAPL No.12779 of 2025 (Umang Jayshankar Dwivedi) - arising out of Chauliaganj PS Case No.513 of 2025 / GR Case No.1346 of 2025 (JMFC IV, Cuttack) for offences punishable U/Ss.61(2)/338/336(3)/340(2)/319(2)/318(4) BNS, on the main allegation of opening of mule accounts in the names of different persons to facilitate cyber fraud. Bail granted without expressing any view on merit, regard being had to custody since 27.09.2025, submission of charge-sheet, presumption of innocence, and the offences being triable by magistrate and punishable with imprisonment not beyond seven years, applying the law laid down in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51. Petitioners released on bail bonds of Rs.50,000/- each with two solvent sureties for the like amount.

IN THE HIGH COURT OF ORISSA AT CUTTACK

Chhotu @ Sk. Naim & Another (In BLAPL No.11591 of 2025) Umang Jayshankar Dwivedi

(In BLAPL No.12779 of 2025 … Petitioners

Mr. S.R. Mulia, Advocate (in BLAPL No.11591 of 2025) Mr. D. Mishra, Advocate (in BLAPL No.12779 of 2025)

-versus-

Order No.

02.

State of Odisha

… Opposite Party Mr. M.R. Patra, Addl. PP

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 18.02.2026

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These two applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Chauliaganj PS Case No.513 of 2025 corresponding to GR Case No.1346 of 2025 pending in the Court of learned JMFCIV, Cuttack for commission of offences punishable U/Ss.61(2)/338/336(3)/340(2)/319(2)/318(4) of BNS, on the main allegation of opening of mule accounts in the name of different persons only to facilitate/use of such accounts in committing cyber fraud.

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Heard Mr. Satya Ranjan Mulia, learned counsel for the petitioners in BLAPL No.11591 of 2025; Mr. Dayanidhi Mishra, learned counsel for the petitioner in BLAPL No.12779 of 2025 and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusation sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 27.09.2025 with submission of charge-sheet in the meantime and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and keeping in view the offences being triable by magistrate and not punishable with beyond seven years and applying the law laid down by Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51 , this Court without expressing any view on merit admits each of the petitioners to bail.

Hence, the bail applications of the petitioners Chhotu @ Sk. Naim & Another in BLAPL No.11591 of 2025 and Umang Jayshankar in BLAPL No.12779 of 2025 stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin

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of the case on such terms and conditions as deem fit and proper by it.

Accordingly, the BLAPL Nos.11591 of 2025 & 12779 of 2025 stand 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.

(G. Satapathy) Judge

Jayakrushna

Signature Not Verified

Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Feb-2026 15:36:00

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