Jiban Jyoti Swain & Ors. vs State Of Odisha

G. Satapathy, J.

Since these four bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Cyber Crime & Economic Offences, UPD Cuttack P.S. Case No. 09 of 2026 corresponding to G.R. Case No. 75 of 2026 pending in the file of learned JMFC-I (Cog. Taking), Cuttack, for commission of offences punishable U/Ss. 318(4)/ 319(2)/308(2)/112(2) of BNS read with Section 66-C/66-D of the IT Act.

The allegation as emanates from the FIR reveals that the informant has been deceived for a sum of Rs.88 Lakhs and he delivered this amount through different modes of transaction, but it is unearthed in the course of investigation that one Saroj Kumar Jena and his associates were allegedly trapping senior citizens through social media and by way of blackmailing, they were extracting money from them and the present case is one of such case. In the course of investigation, the IO accordingly, seized huge numbers of ATM cards, passbooks, Debit Cards, Credit Cards, cash of Rs.14 Lakhs, gold and three numbers of vehicles. It is however, alleged against the petitioner- Jiban Jyoti Swain for keeping the Bolero vehicle purchased out of the ill-gotten money, along with co-accused Ajay Kumar Jena; against the petitioner Sangram Jena @ Bubun for receiving a sum of Rs.3.47Lakhs in his account; against the petitioner Manoj Kumar Jena @ Chandan for receiving Rs.2.07Lakhs in his account and thereby, assisting the co-accused in orchestrating the crime.

Heard Mr. Abinash Nayak, learned counsel for the petitioner in BLAPL No.5916 of 2026; Mr. Jagabandhu Sahu, learned Sr. counsel who is being assisted by Mr. Subhajeet Sahu, learned counsel for the petitioner in BLAPL No.5946 of 2026; Mr. Pradeep Kumar Pradhan, learned counsel for the petitioner in BLAPL No.6282 of 2026; Mr. Ramesh Chandra Moharana, learned counsel for the petitioner in BLAPL No.6402 of 2026; Mr. Sidharth Sankar Padhy, learned counsel for the informant and MR. C. Mohanty, learned Addl. PP in these matters and perused the record.

Mr. Sidharth Shankar Padhy, learned counsel appearing for the informant while opposing the bail applications of the petitioners tooth and nail, submits that the investigation is going on and only Rs.23Lkahs and some odd have been recovered together with some gold ornaments, but the majority of the amount of the innocent elder citizen-cum-informant is yet to be recovered since the informant has been cheated for a sum of Rs.88lakhs by way of threatening him of digital arrest, but the principal accused Sarat Kumar Jena is yet to be apprehended and release of the petitioners would definitely impede the progress of further investigation. Accordingly, Padhi prays to reject the bail applications of the petitioners.

After having considered the rival submissions upon perusal of record, it appears that the petitioners are in custody since 20.01.2026 & 14.02.2026 and in the meantime, charge-sheet has already been submitted, but the investigation is kept open, however, co-accused Prafulla Kumar Biswal in BLAPL No.4883 of 2026, Manoranjan Routray in BLAPL No.4414 of 2026, Debabrata Padhiari in BLAPL No.3063 of 2026 & Basudeb Rout @ Basudev Rout in BLAPL No.3570 of 2026 have already been granted bail by this Court. All the offences alleged against the petitioners are triable by magistrate, but do not prescribe punishment beyond 7 years. In view of the aforesaid facts and circumstances and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-‡-vis the accusation sought to be brought against them together with the materials placed on record keeping in view the other circumstances on record in entirety including the inherent right of the accused-petitioners to be presumed innocent until proven guilty at the trial and the law laid down by the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51, this Court without expressing any view on merit admits each of the petitioners to bail.

Hence, these four bail applications of the petitioners namely Jiban Jyoti Swain (BLAPL No.5916 of 2026); Sangram Jena @ Bubun (BLAPL No.5946 of 2026); Ajaya Kumar Jena (BLAPL No.6282 of 2026) and Manoj Kumar Jena @ Chandan (BLAPL No.6402 of 2026) stand allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one 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 condition:-

Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. 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.