Recently, the High Court of Orissa at Cuttack ruled on multiple bail applications related to an FIR against individuals involved in illegal OTP and mobile number sharing with foreign nationals for financial gains. The Court differentiated between those engaged in anti-national activities, denying them bail, and others involved in lesser offenses, granting them conditional bail.
Brief Facts:
The case originates from an FIR lodged against multiple individuals for engaging in illegal activities, such as sharing OTPs and mobile numbers with foreign nationals, including members from Pakistan, for financial gains. This activity involved using pre-activated SIM cards, predominantly supplied by Pradyumna Kumar Sahoo @ Pinku, and extended to sharing sensitive information with foreign intelligence. Several persons were arrested and charged under various sections of the IPC and the Information Technology Act, 2000. Hence, the instant bail application was filed.
Contentions of the Appellant (Amicus Curiae):
It was argued that the accusations were based merely on suspicion and that the legal criteria for the alleged offenses, assuming the prosecution's account as accurate, were not fulfilled.
It was contended that the dealings with reactivated SIMs do not inherently constitute criminal activity, emphasizing that a charge sheet has been submitted and continued detention was unjustified.
Contentions of the Respondent:
It was argued that the severity of the offenses and the clear evidence against certain individuals justify continued custody without leniency.
Observations of the Court:
The Court noted that while all Petitioners appear connected, their roles and the gravity of their involvement vary. Significant evidence suggested that certain Petitioners were engaged in anti-national activities, including interactions with Pakistani intelligence operatives.
The Court found this involvement substantial enough to deny bail for those directly engaged in these serious offenses. However, for others, whose actions were limited to transactions involving pre-activated SIMs, the Court was inclined to grant bail, under strict conditions, highlighting the distinction between criminal and anti-national activities. The bail conditions included regular check-ins with the police, attendance at all court dates, and restrictions on travel, emphasizing the Bench’s cautious approach in balancing rights against security concerns.
The decision of the Court:
The Bench, noting the facts and circumstances of the case granted bail to the Petitioners with respect to certain terms and conditions as the learned Court below deem fit.
Case Title: Pradyumna Kumar Sahoo v. State of Odisha and other connected matters
Coram: Hon’ble Justice Sashikanta Mishra
Case No.: BLAPL No. 10971 and other connected matters
Advocate for the Appellant: Adv. Mr. R.K Mallick
Advocate for the Respondent: Adv. Mr. S.K Mishra
Read Judgment @LatestLaws.com
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