Citation : 2026 Latest Caselaw 1186 Ori
Judgement Date : 10 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL Nos.9091, 9092 & 13370 of 2025
(In the matter of application under Section 483 of the
BNSS).
Swapnil Goraksh Dhokale ... Petitioners
(In BLAPL No. 9091 of 2025)
Azaz Shafiq Shaikh
(In BLAPL No. 9092 of 2025)
Jaya Rani Basak
(In BLAPL No. 13370 of 2025)
-versus-
State of Odisha ... Opposite Party
For Petitioners : Mr. P.K. Nanda, Advocate
(In BLAPL Nos. 9091 & 9092 of
2025)
Mr. S. Mishra, Advocate
(In BLAPL No. 13370 of 2025)
For Opposite Party : Mr. M.R. Patra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
DATE OF HEARING & DATE OF JUDGMENT:10.02.2026(ORAL )
G. Satapathy, J.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Accordingly, the BLAPL Nos. 9091; 9092 &
13370 of 2025 stands disposed of. Issue urgent certified
Reason: Authentication (G. Satapathy) Location: HIGH COURT OF ORISSA Date: 12-Feb-2026 10:19:49 Judge Orissa High Court, Cuttack, Dated the day of 10th February, 2026/Priyajit
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