ANGEL MISHRA vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NO.13591 of 2025
CNR NO.ODHC010928352025

(In the matter of application under Section 483 of
BNSS, 2023).

Angel Mishra Petitioner
…
-versus-
State of Odisha Opposite Party
…


For Petitioner : Mr. D. Das, Advocate

For Opposite Party : Mr. S.C. Pradhan, Addl. PP
Mr. A. Pradhan, Advocate
(Informant)


CORAM: JUSTICE G. SATAPATHY





DATE OF HEARING & JUDGMENT:03.09.2026(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
Tamando PS Case No.299 of 2024 corresponding to
CT Case No.709 of 2024 pending in the file of learned
JMFC-I, Bhubaneswar, for commission of offences
punishable U/Ss.420/406/467/468/471/120-B of IPC,
on the main allegation of illegally acquiring a loan of
Rs.1,18,00,000/- (Rupees One Crore Eighteen Lakhs)
from the company namely Aditya Birla Capital Ltd.
by producing fictitious/forged documents.
BLAPL No.13591 of 2025 Page 1 of 5

2. Heard, Mr. Debasnan Das, learned
counsel for the petitioner; Mr. Abhinandan Pradhan,
learned counsel for the informant and Mr. S.C.
Pradhan, learned Additional Public Prosecutor in the
matter and perused the record.
3. No doubt, the bail application of the
petitioner has been seriously opposed to by the
learned State Counsel and Mr. Abhinandan Pradhan,
learned counsel for the informant on the ground that
the petitioner is having six criminal antecedents, but
not only the petitioner has disclosed her antecedents,
but also she is in custody in this case since
09.08.2024. According to the petitioner, charge was
framed in this case on 19.07.2025 fixing the trial to
02.08.2025, but in the meantime, only two witnesses
have been examined. Further, the petitioner has also
invoked the provision of Section 480(6) of BNSS for
grant of bail to her, but the same was rejected. It is
also not in dispute that the provision of Section
480(6) of BNSS does not confer an absolute right like
the provision U/S.187(3) of BNSS, but the provision
BLAPL No.13591 of 2025 Page 2 of 5

U/S.480(6) of BNSS, however, confers a higher right
for grant of bail to an accused, if the trial is not
concluded in a Magistrate triable offence within sixty
days from the first date fixed for taking evidence,
which is evident by the use of word “shall be released
on bail” in the aforesaid section. Besides, grant of bail
to an accused should not be confused with her
acquittal inasmuch as grant of bail is temporary
release of the accused on his/her assurance to attend
the trial with guarantee of the surety. The case
herein, however, depicts allegation against the
petitioner for deceiving the informant for a sum of
Rs.1,18,00,000/- (Rupees One Crore Eighteen
Lakhs), but at the same time, the detention of the
petitioner for near about two years cannot be
forgotten. Whatever may be the allegation, it is only
allegation, but the same is subject to proof in the
trial.
4. On a bare perusal of the provision of
Section 480(6) of BNSS, one thing comes to the mind
of the Court that the provision appears to be more
BLAPL No.13591 of 2025 Page 3 of 5

mandatory than discretionary, nonetheless it is not
an absolute right of an accused, but confining an
offender/accused for indefinite period on the
expectation of conclusion of trial on one day is not
the spirit of Article 21 of the Constitution of India.
Additionally, the petitioner is facing trial in the Court
of learned JMFC, Bhubaneswar, who is competent to
impose punishment of imprisonment up to three
years, but the petitioner has already suffered
incarceration of two years. In the aforesaid facts and
situation and on consideration of materials placed on
record and taking into account the snail’s pace of trial
together with the provision of Section 480(6) of BNSS
and that too, when the petitioner is a lady, who
qualifies for bail on the proviso appended to Section
480 of BNSS, this Court without expressing any view
on merits admits the petitioner to bail.
5. Hence, the bail application of the
petitioner stands allowed and the petitioner is allowed
to go on bail on furnishing property surety of
Rs.5,00,000/- (Rupees Five Lakhs) free from any
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encumbrance, in addition to bail bonds of
Rs.1,00,000/- (Rupees One Lakh) 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 co-operate the further
trial &

(ii) the petitioner shall not leave the country
without prior permission of the learned trial
Court till disposal of the case by surrendering
her passport, if not already surrendered or
seized. If the petitioner is not a holder of
Passport, she may swear an affidavit to that
effect & produce it before the learned trial
Court.

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,
rd
Dated the 3 day of September, 2026/Subhasmita

Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 03-Sep-2026 19:50:40
BLAPL No.13591 of 2025 Page 5 of 5