NASIT BHAUTIK BHAI JAYANTI BHAI @ NASIT BHANTIK BHAI vs STATE OF ODISHA

Court
Odisha High Court

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5903 of 2026

CNR No. ODHC010422392026

(In the matter of application under Section 483 of the
BNSS ).

Petitioner
…
Nasit Bhautik Bhai Jayanti
Bhai @ Nasit Bhantik Bhai
-versus-

State of Odisha … Opposite Party



For Petitioner : Mr. D.P. Dhal, Sr. Advocate,
along with Mr. S. Das,
Advocate

For Opposite Party : Mr. M.R. Patra, Addl. PP

CORAM:
JUSTICE G. SATAPATHY


DATE OF HEARING & DATE OF JUDGMENT:02.09.2026 (ORAL)



G. Satapathy, J.

1. This is a bail application U/S.483 of BNSS by the
petitioner for grant of bail in connection with Cyber Crime CID
CB, Odisha PS Case No.0053 of 2024 corresponding to CT Case
No.04 of 2026 pending in the Court of learned Presiding Officer,
Designated Court under OPID Act, Sambalpur for commission of
offences punishable under Sections 318(4)/ 319(2)/
336(2)(3)/338/340(2)/61(2)/3(5) of BNS r/w Sec.66(C)(D) of IT
Act.
BLAPL No.5903 of 2026
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2. The background facts in precise are that the informant
who is a medicine representative has a trading account with
Religare Broking Ltd. since 2000, but in July, 2024, one person
stated to be a lady named as Neha Verma was regularly sending
text messages to persuade him to invest through an App and
accordingly, the informant installed the App from the website
with link https://nedau.hikesney.com/api/c/ yelsp7h4, but after
installing the App, the handler of such App persuaded the
informant to invest money in a fake minor App on the assurance
of high returns and accordingly, the informant invested money
through twelve transactions from his own accounts maintained at
Indian Overseas Bank(10 transactions), Central Bank and ICICI
Bank, however, a sum of Rs. 71,50,000/- out of the total
investment of Rs. 1,30,00,000/- made by the informant in
between 12.07.2024 to 04.09.2024 was transferred to the
account held in the name of Maruti Construction maintained at
Cosmos Bank with rest amount being transferred to Jay Ambay
Traders, Royal Tours and Travels, and Dalapthi invest India Pvt.
Ltd. in their bank accounts maintained with Bandhan Bank, SBI,
City Union Bank & HSBC Bank.
2.1. When the informant denied for withdrawal out of his
investment amount, he came to know to have been deceived and
BLAPL No.5903 of 2026
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thereafter, he lodged the FIR vide Cyber Crime FIR No.53 of
2024 and the matter was investigated into and on completion of
investigation, charge sheet was submitted, but in the course of
investigation, finding the petitioner to be one out of two
proprietors of Maruti Construction with A/c No.110100108372
maintained at Cosmos Bank and a sum of Rs.71,50,000/- to have
been credited to the aforesaid account from the account of the
informant in eight transactions, the petitioner was taken into
custody and when his bail application was rejected by the learned
Addl. Sessions Court-cum-PO, OPID Court, Sambalpur, he is
before this Court in this bail application.
3. In the course of hearing, Mr. Debi Prasad Dhal, learned
Sr. counsel who is being assisted by Mr. Shiladitya Dash, learned
counsel for the petitioner submits that although there appears
allegation against the petitioner for deceiving the informant for a
sum of Rs. 71,50,000/-, but in fact there is no material to
suggest that the petitioner has deceived the informant, rather
the account of Maruti Construction which stands jointly in the
name of the petitioner and one Vijaybhai Ashokbhai Balar, was
exclusively being operated by the said Vijaybhai Ashokbhai Balar
and the petitioner has no role in the transactions of the account
of the Maruti construction, rather the petitioner was a silent
BLAPL No.5903 of 2026
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name lender and the construction company was being operated &
managed by the said Vijaybhai Ashokbhai Balar, the allegation
against the petitioner is misdirected and the petitioner having
been detained in custody since 20.01.2026 with no role in this
case, he may kindly be granted bail. Mr. Dhal also submits that
since the allegation is based on documentary evidence and the
petitioner being a respectable person in the society with less
chance of his absconding and he being not a flight risk, there
would not be any impediment to grant bail to the petitioner. On
the aforesaid submission, Mr. Dhal prays to grant bail to the
petitioner.
3.1. On the other hand, Mr. M.R. Patra, learned Addl. PP, in
opposing the prayer for bail of the petitioner submits that not
only Maruti Construction Company stands in the name of the
petitioner, but also the account attached to such Maruti
Construction belongs to the petitioner and another and the
account having been opened by the petitioner and the other
person with their signatures in the account form, the petitioner
cannot escape his liability because the amount has been
transacted to the aforesaid account of the company and,
therefore, by considering the enormity of the allegation, the bail
application of the petitioner may kindly be rejected.
BLAPL No.5903 of 2026
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4. After having considered the rival submissions upon
perusal of record, no doubt there appears allegation of transfer of
money of Rs. 71,50,000/- from the account of the informant to
the account of Maruti Construction which stands in the name of
petitioner and Vijaybhai Ashokbhai Balar, but it is found and
confirmed by the learned State counsel that the said company’s
account was being used and operated by Vijaybhai Ashokbhai
Balar. Further, the FIR is registered against unknown persons,
but the petitioner is in custody since 20.01.2026 and in the
meantime, charge-sheet has already been submitted. Whatever
may be the allegation against the petitioner, it is only allegation
at this stage, but the allegation is based on documentary
evidence, however, such documents must have been collected in
the course of investigation. No material has been collected to
suggest that the petitioner would abscond or pose threat to the
witnesses, if released on bail. In the aforesaid facts and
circumstances and on consideration of the materials placed on
record and keeping in view the account in question stated to be
operated by Vijaybhai Ashokbhai Balar, this Court without
expressing any view on merit admits the petitioner to bail, but
subject to certain conditions.
BLAPL No.5903 of 2026
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5. Hence, the bail application of the petitioner stands
allowed and the petitioner is allowed to go on bail on furnishing
bail bonds of Rs.1,00,000/- (Rupees One Lakh) 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 deem fit and proper by it with following conditions:-
(i) The petitioner shall not leave the country without
prior permission of the trial Court and he shall deposit
his pass-port before the learned trial Court and, if he is
not having any pass-port, he may swear an affidavit to
that effect;

(ii) The petitioner shall not threaten/ influence/ induce/
coerce any of the witnesses acquainted with the facts of
the case so as to dissuade them disclosing such facts
before the Court;

(iii) The petitioner shall co-operate the trial.

6. Accordingly, the BLAPL stands 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





Orissa High Court, Cuttack,
nd
Dated the 02 Day of September, of 2026/ Jayakrushna
Signature Not Verified
Digitally Signed
Signed by: JAYAKRUSHNA DASH
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 02-Sep-2026 20:06:14
BLAPL No.5903 of 2026
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