Swapnil Goraksh Dhokale vs State Of Odisha

G. Satapathy, J

Since these three 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 three bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with CID, Cyber Crime Bhubaneswar Case No.02 of 2025 corresponding to CT Case No.72 of 2025 for commission of offences punishable U/Ss. 318(4)/ 319(2)/ 336(2)/ 336(3)/ 338/340(2)/61(2)/3(5) of the BNS r/w Sections 66(C)/66(D) of the IT Act pending in the Court of learned SDJM, Bhubaneswar.

Facts in precise are that the complainant Dr. Saswata Mohanty was contacted by a woman on 2nd October, 2024 by introducing herself as a Staff-cum-Assistant of “Geoji Financial Services Ltd”. Accordingly, she added the complainant to a Whatsapp Group named “F2-Geoji Financial Services Ltd”. which is stated to be engaged in share trading at discounted rates with promise of daily dividends with high profit margins and accordingly, impression was given to the complainant that the said Whatsapp Group was engaged in block trading, IPO investments & other profitable financial features. Based on these representations, the complainant made the first investment of INR 50,000/- to the Bank account details provided by an alleged customer service representative of Geojit Financial Services Ltd. and the complainant further invested into various accounts described as SEBI registered and the complainant was shown with fabricated account statements indicating significant profits, but whenever withdrawal was attempted, it was denied with various ground/justifications by demanding further investments and in the process, the complainant was defrauded with a sum of Rs. 6,04,53,000/-(Rupees Six Crores Four Lakhs Fifty Three Thousand) which was not only the investment of the complainant, but also her relatives.

On the FIR of Dr. Mohanty, CID Cyber Crime PS Case No. 02 of 2025 was registered, but in the course of investigation, finding the complicity of the Petitioners and other persons, they were taken into custody. When the bail application of the aforesaid petitioners were came to be rejected by the learned 3rd Addl. Sessions Judge, Bhubaneswar, they are before this Court in these bail applications.

Heard, Mr. Prasanta Kumar Nanda, learned counsel for the Petitioners in BLAPL Nos. 9091 & 9092 of 2025; Mr. Sanjit Mishra, learned counsel for the Petitioner in BLAPL No. 13370 of 2025 and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record.

After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner Swapnil Goraksha Dhokale for receiving Rs. 30,00,000/- in his account as proprietor of MD Garment from the account of the informant, whereas there appears allegation against the Petitioner Jaya Rani Basak for receiving Rs. 6,00,000/- in her account from the account of co-accused Ashok Nanda representing Bharani Enterprises out of the amount so received from the account of the informant and the allegation against the Petitioner Azaz Shafiq Shaikh is for receiving Rs. 4,95,527/- from the account of co-accused Ashok Nanda representing Bharani Enterprises out of the money received from the informant as per the charge sheet. It is no doubt alleged that the Petitioners operate as a Gang along with co-accused persons, but the Petitioner-Swapnil Goraksha Dhokale is having criminal antecedent of similar nature in the State of Maharastra, but the Petitioners Azaz Shafiq Shaikh & Jaya Rani Basak are reported to have no criminal antecedent. Besides, it is found from the affidavit filed by Inspector of Police, CID CB, Odisha, Cuttack that on verification from Samanvay Portal i.e. Joint Cyber Crime Co-ordination Team Management Information System (JMIS Portal), 24 nos. of complaints have raised against the Bank account of the Petitioner Swapnil Goraksha Dhokale. Further, the charge sheet also reveals two complaints to have raised against the Petitioner- Azaz Shafiq Shaikh. In the meantime, after conclusion of investigation, charge sheet has already been placed, but the Petitioners are in custody since 08.05.2025 (Jaya Rani Basak) & 24.06.2025 (Azaz Shafiq Shaikh). Further, this Court after going through the individual allegation against co-accused Tapas Haldar has granted bail to him in BLAPL No. 7929 of 2025.

In view of the aforesaid facts and circumstance and taking into consideration the nature and gravity of the offence as alleged vis-a-vis the accusations sought to be brought against the individual petitioner and regard being had to the pre-trial detention of the Petitioners in custody since 08.05.2025 (Jaya Rani Basak) & 24.06.2025 (Azaz Shafiq Shaikh) with submission of charge sheet in the meantime and taking into account the nature and gravity of the allegation raised against the Petitioner Swapnil Goraksha Dhokale together with his involvement in another case in the State of Maharastra on the backdrop of 24 complaints having been registered against his account number and considering the grant of bail to co-accused Tapas Haldar, this Court while not being inclined to grant bail to the petitioner Swapnil Goraksha Dhokale in BLAPL No. 9091 of 2025, considers it proper to admit the petitioners Jaya Rani Basak & Azaz Shafiq Shaikh to bail.

Hence, the bail application of petitioner- Swapnil Goraksha Dhokale in BLAPL No. 9091 of 2025 stands rejected, whereas the bail applications of the petitioners namely Jaya Rani Basak & Azaz Shafiq Shaikh in BLAPL Nos. 13370 & 9092 of 2025 are allowed and they are allowed to go on bail on furnishing 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 petitioners shall cooperate the further investigation if required;

(ii) The petitioners shall cooperate in the trial by attending the Court on each date of posting unless their attendance are dispensed with by the learned trial Court and in case the petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS, 2023 in accordance with law.

(iii) the Petitioners shall inform the Court as well as the Investigating Agency as to their place of residence during the trial by providing their mobile number(s), residential address, e-mail, if any, and other documents in support of proof of their residence. The Petitioners shall not change their address of residence without intimating to the Court and Investigating Agency and

(iv) The petitioners shall surrender their passport, if any, and in case, they are not holder of the same, they shall swear affidavits to that effect.

Accordingly, the BLAPL Nos. 9091; 9092 & 13370 of 2025 stands disposed of. Issue urgent certified Signature Not Verifiedcopy of the order as per Rules.