ABLAPL/13974/2025 of BISWA PRAKASH MOHAPATRA Vs STATE OF ODISHA on 25 August 2026

ORDER

25.08.2026

06.

1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.

2. Heard learned Senior Counsel for the Petitioners and learned counsel for the State as well as learned Senior Counsel for the informant.

3. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.2064 of 2025 pending on the file of learned JMFC (Cog)-II, Bhubaneshwar, arising out of Info City P.S. Case No.596 of 2025 for commission of offences punishable under Sections 316(2) and 318(4) BNS, 2023.

4. The essence of the allegations is that taking the advantage of the faith reposed in the Petitioners by the informant, who is a senior citizen and grossly misusing the same and investments have been in the name of beneficiaries other than the family members of the informant unauthorizedly by the Petitioners in brazen violation of the trust reposed by the informant.

Admittedly, the Petitioners had access to the password of the accounts of the informant and had no detailing in essence KYC details.

5. Learned Senior Counsel for the Petitioners submits that admittedly all the amounts have been invested and there is no allegation that the Petitioners have withdrawn any amount unauthorizedly and it is also brought to the notice of this Court that against allegation of Rs.3.09 crores, an amount of Rs.84,00,000/- has been accounted for and the balance are in the shape of investments.

6. It is stated with vehemence that the entire exercise was done with the facet consent of the informant.

Hence, it is submitted by the learned Senior Counsel that taking into account that basically the allegation is based of documentary evidence, the Petitioners may be protected by pre-arrest bail.

7. Per contra, learned Senior Counsel for the informant, Mr. Acharya as well as learned counsel for the State, Mr. C. R. Swain, AGA oppose the prayer for pre-arrest bail.

8. A memo indicating the Policy Numbers which are the subject matter of the present accusation is on record, the same is culled out hereunder:-…………..

Name Date Policy No Mo b Amount Renewals

Susant Kishor Nayak 5-May-

54496453 … … 8,00,000.00 8,00,000.00

Jugeswar Dwari 16-May-

54685835 … … 5,50,000.00 5,50,000.00

Susant Kishor Nayak 28-May-

54484813 … … 15,00,000.00 15,00,000.00

Manas Kumar Das 4-Dec-

54590102 … … 5,00,000.00 5,00,000.00

Hrushikesh Nayak 5-Dec-

54589858 … … 5,00,000.00

Chinmaya Kumar Dhaura 5-Dec-

54590094 … … 5,00,000.00

Ranjan Kumar Sahoo 14-Dec-

54580770 … … 2,04,824.00

Debasis Sahoo 3-Jan-25 54605924 … … 5,00,000.00

Ranjan Kumar Sahoo 14-Jan-

54610869 … … 5,00,000.00

Bibhudutta Barik 6-Feb-25 54620758 … … 3,00,000.00

Bhagyadhara Bag 13-Feb-

54625659 … … 5,01,263.00

Praful Bhensara 3-Mar-

54635367 … … 5,01,110.00

Omprakash Dalai 4-Mar-

54636620 … … 10,00,000.00

Indrajeet Rajan 11-Mar-

54641594 … … 5,00,000.00

Aman Biswal 27-Mar-

54657237 … … 10,00,000.00

Debasis Sahoo 31-Mar-

54657413 … … 1,00,000.00

Hrushikesh Nayak 9-Apr-

54661449 … … 5,00,000.00

Bhagyadhara Bag 28-Apr-

54666697 … … 2,95,000.00

Subanshu Nag 8-May-

54669340 … … 5,08,800.00

Manbodh Kumbhar 20-May-

54688305 … … 4,00,000.00 4,00,000.00

Ejaz Ahmad Ansari 22-May-

54675649 … … 5,56,600.00

Asit Kumar Bhuyan 5-Jul-25 54513766 … … 5,05,984.00 5,05,984.00

Asit Kumar Bhuyan 19-Jul-

54522758 … … 3,59,310.00 3,59,310.00

Amit Dalei 12-Aug-

54531960 … … 5,04,822.00 5,04,822.00

Payal Bhuyan 16-Aug-

54538194 … … 3,54,686.00 3,54,686.00

Santosh Kumar Singh 3-Sep-25 54547140 … … 5,10,201.00 5,10,201.00

Santosh Kumar Singh 12-Sep-

54552558 … … 40,000.00 40,000.00

Aparupa Pattanaik 12-Oct-

54552511 … … 5,06,271.00 5,06,271.00

Chinmaya Kumar Dhana 15-Oct-

54566274 … … 5,03,671.00 5,03,671.00

Manas Kumar Das 23-Oct-

54572139 … … 3,53,783.00 3,53,783.00

Abhisek Mitra 4-Nov-

54576959 … … 5,00,000.00 5,00,000.00 (Redacted)

On instructions, learned Senior Counsel for the informant submits that except the Policies which are at Serial Nos.1 and 3 the rest of the polices have been taken in the name of strangers.

9. Considering the rival submissions and taking into account that the financial implication of the offence in question and the modus operandi adopted by the Petitioners, this Court is not inclined to entertain the application for pre-arrest bail in respect of the Petitioner (Biswa Prakash Mohapatra) in ABLAPL No.13974 of 2025. However, it is directed that the said Petitioner may surrender before the learned JMFC (Cog)-II, Bhubaneshwar in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned JMFC (Cog)-II, Bhubaneshwar on its own merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned JMFC (Cog)-II, Bhubaneshwar, the said 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 said Petitioner on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the said Petitioner and learned JMFC (Cog)-II, Bhubaneshwar is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.

11. So far as the ABLAPL in respect of Petitioner in ABLAPL No.9544 of 2026 is concerned, taking into account the role ascribed to the said Petitioner and that she is a lady and keeping in view the special provisions as enjoined in the BNSS, this Court directs that on surrendering within three weeks hence and moving for bail, the said Petitioner (Itishree Mahapatra) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

12. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

13. It is needless to state that the observations made herein are only for the purpose of consideration of the prayer of the Petitioners for pre-arrest bail and it ought not to be construed as this Court expressing any view regarding their complicity which has to be established in an independent manner.

14. Accordingly, the ABLAPLs stand disposed of.

15. U.C.C. as per rules.

(V. NARASINGH)

Judge Jina

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 27-Aug-2026 17:45:06 Signature Not Verified