Mukesh Kumar v. State of Odisha

Orissa HC22 Jan 2026BLAPL/9547/2025

Case brief

AI extract

What is this about?

Orissa High Court bail order dt. 22.01.2026; BLAPL No.9547 of 2025; Mukesh Kumar v. State of Odisha; Justice G. Satapathy; bail U/S.483 BNSS; offences U/Ss.318(4)/319 BNS r/w S.66(D) IT (Amendment) Act; online fraud; digital arrest threat; Malkangiri P.S. Case No.99 of 2025; G.R. Case No.132 of 2025; S.D.J.M. Malkangiri; parity with co-accused bail in BLAPL No.6940 of 2025; custody since 08.05.2025; charge-sheet filed; bail bonds Rs.50,000/- with one solvent surety; conditions incl. fortnightly police-station reporting for three months; non-appearance attracts S.269 BNS 2023; bail cancellable on violation; informant refused Rs.1.5 lakh payment offer.

What did the court decide?

Admission to bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount, subject to the stated conditions.

Mukesh Kumar Vs State of Odisha — Cheating and Forgery | Orissa HC (2026)

What the court decided

AI extract

Outcome

Admission to bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount, subject to the stated conditions.

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Issue for consideration

Whether the petitioner should be granted bail in connection with Malkangiri P.S. Case No.99 of 2025 / G.R. Case No.132 of 2025 for offences punishable U/Ss.318(4)/319 BNS r/w S.66(D) IT (Amendment) Act (online fraud and threat of digital arrest).

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Court's answer

Without expressing any view on merits, this Court admits the petitioner to bail, having regard to the nature and gravity of the alleged offences vis-à-vis the accusations, pre-trial detention since 08.05.2025, submission of charge-sheet, absence of any requirement of custodial interrogation, and the accused's inherent right to be presumed innocent until proven guilty.

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Ratio / Principle

The bail application stands allowed; the petitioner is to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety 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.

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Key takeaways

Bail granted subject to conditions: (i) petitioner shall not commit any offence while on bail; (ii) petitioner shall attend the trial Court on each date of posting, failing which (without sufficient cause) the trial Court may proceed against him for offence U/S.269 of BNS, 2023; (iii) petitioner shall report attendance before the Jurisdictional Police Station once a fortnight for three months from actual release.ratio¶¶24
The Court in seisin of the case is at liberty to cancel the bail without further reference to this Court if any condition is violated or a case for cancellation otherwise arises; subsequent involvement of the petitioner in any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail.ratio¶¶26

Detailed headnote1 paragraphs

BLAPL No.9547 of 2025 (High Court of Orissa at Cuttack, G. Satapathy, J., order dt. 22.01.2026): Application U/S.483 BNSS for bail in Malkangiri P.S. Case No.99 of 2025 / G.R. Case No.132 of 2025 pending before learned S.D.J.M., Malkangiri, for offences punishable U/Ss.318(4)/319 BNS r/w S.66(D) IT (Amendment) Act — cheating by online fraud and threat of 'digital arrest'. Counsel submitted the offences are triable by a magistrate and do not prescribe punishment beyond seven years; co-accused Surendra & another already granted bail by this Court in BLAPL No.6940 of 2025. Petitioner in custody since 08.05.2025; charge-sheet submitted; no custodial interrogation required. Court, without expressing any view on merits, admitted the petitioner to bail on bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount, subject to conditions: no fresh offence while on bail; attendance at the trial Court on each date of posting, default actionable U/S.269 BNS 2023; fortnightly attendance reporting before the Jurisdictional Police Station for three months from release. Trial Court at liberty to cancel bail on violation without further reference; future involvement in grave/similar offence on prima facie accusations may be treated as ground for cancellation. Recorded submission: petitioner's offer of 1.5Lakh to the informant was declined to be received (confirmed by learned State counsel).

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9547 of 2025

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Mukesh Kumar

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… Petitioner

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Mr. M. Nandy, Advocate

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-versus-

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State of Odisha

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… Opposite Party Mr. R.B. Mishra, Addl. PP

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CORAM:

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JUSTICE G. SATAPATHY

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Order No.

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06.

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ORDER(ORAL) 22.01.2026

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

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This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri P.S. Case No.99 of 2025 corresponding to G.R. Case No.132 of 2025 pending in the file of learned S.D.J.M., Malkangiri, for commission of offences punishable U/Ss. 318(4)/319 of BNS r/w. Section 66(D) of the IT (Amendment) Act, on the allegation of cheating the informant by way of online fraud and threatening him of digital arrest.

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Heard Mr. Mangu Nandy, learned counsel for the petitioner and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record.

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It is, however, submitted on instruction by Mr. Nandy that although the petitioner was ready to pay 1.5Lakh, but the informant denied to receive which was confirmed by the learned State counsel, however, the offences alleged against the petitioner are triable by

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magistrate and do not prescribe punishment beyond seven years. Further, co-accused Surendra & another have already been granted bail by this Court in BLAPL No.6940 of 2025. In that view of the matter and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 08.05.2025 with submission of charge-sheet in the meantime and there being no requirement of custodial interrogation and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty, this Court without expressing any view on merits, admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in

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accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS,2023 in accordance with law and

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(iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stand disposed of. 7. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Jayakrushna

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Jan-2026 22:27:12

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Mukesh Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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