ANGEL MISHRA vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NO. 6234 of 2026

CNR NO. ODHC010445552026

(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. P. Satpathy, Addl. PP

CORAM: JUSTICE G. SATAPATHY




DATE OF HEARING & JUDGMENT:08.09.2026(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.218 of 2024 corresponding to CT
Case No.514 of 2024 pending in the file of learned
JMFC-I, Bhubaneswar, being charge sheeted for
commission of offences punishable U/Ss.
420/467/468/471 of IPC.
2. The allegation against the Petitioner is that
she had taken a sum of Rs.1,20,00,000/- from the
informant for fictitious sale of two houses/flats and
towards agreement for sale of another flat, but
BLAPL No.6234 of 2026 Page 1 of 4

subsequently the informant only found the Petitioner to
have been arrested by EOW in cheating case and
thereby, she lodged an FIR against the Petitioner
resulting in submission of charge sheet in this case for
offences U/Ss. 420/467/468/471 of IPC.
3. Heard, Mr. Debasnan Das, learned counsel
for the petitioner and Mr. P.Satpathy, learned
Additional Public Prosecutor in the matter and perused
the record.
4. After having considered the rival
submissions upon perusal of record, it is not in dispute
that the Petitioner is in custody since 26.07.2024, but
trial has commenced with framing of charge on
05.05.2025 and the first date fixed for taking evidence
was on 14.05.2025, however, the trial is yet to be
completed even after the statutory period of 60 days
for completion of trial for Magistrate Triable Offences as
provided in Sec. 480(6) of BNSS. The trial in this case
is right now pending in the Court of learned JMFC who
is competent to impose maximum punishment up to
imprisonment for three years.
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5. 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
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-I, Bhubaneswar, who is competent to
impose punishment of imprisonment up to three years,
but the petitioner has already suffered incarceration of
more than 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 first proviso appended to
Section 480 of BNSS, this Court without expressing any
view on merits admits the petitioner to bail.
6. Hence, the bail application of the petitioner
stands allowed and the petitioner is allowed to go on
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bail on furnishing property surety of Rs.5,00,000/-
(Rupees Five Lakhs) free from any 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.

7. 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,
th
Dated the 8 day of September, 2026/Priyajit
Signature Not Verified
Digitally Signed
Signed by: PRIYAJIT SAHOO
Designation: Sr. Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 08-Sep-2026 21:24:45
BLAPL No.6234 of 2026 Page 4 of 4