Authority: High Court of Orissa at Cuttack

Order Date: 03 September 2026

Case Overview

  • Petitioner: Angel Mishra
  • Opposite Party: State of Odisha
  • Case Numbers: Tamando PS Case No. 299 of 2024 (corresponding to CT Case No. 709 of 2024) pending before learned JMFC‑I, Bhubaneswar.
  • Allegations: Commission of offences punishable under IPC Sections 420, 406, 467, 468, 471, and 120‑B for allegedly obtaining a fraudulent loan of Rs 1,18,00,000 (Rupees One Crore Eighteen Lakhs) from Aditya Birla Capital Ltd by producing forged documents.
  • Legal Provisions Invoked: Bail application under Section 483 of the BNSS, with reliance on Section 480(6) of BNSS which mandates release on bail if trial in a magistrate‑triable offence is not concluded within sixty days from the first date fixed for taking evidence.
  • Custody Details: Petitioner has been in custody since 09‑08‑2024. Charge was framed on 19‑07‑2025 with trial fixed for 02‑08‑2025; only two witnesses have been examined to date.
  • Opposition: State counsel and informant’s counsel opposed bail, citing six prior criminal antecedents of the petitioner.
  • Court’s Reasoning: The Court observed that prolonged pre‑trial detention (nearly two years) contravenes Article 21 of the Constitution, especially for a woman, and that Section 480(6) provides a higher right to bail when trial is delayed.

Final Outcome

  • The bail application is allowed.
  • Surety Requirements: Property surety of Rs 5,00,000 (Rupees Five Lakhs) free from encumbrance, plus two bail bonds of Rs 1,00,000 each with two solvent sureties for the same amount.
  • Conditions Imposed:

1. Petitioner must cooperate with the further trial.

2. Petitioner shall not leave the country without prior permission of the trial Court; passport must be surrendered or an affidavit confirming non‑possession must be filed.

  • The order is disposed of, and a soft copy is to be communicated to the concerned Court and Jail.

Topics: Criminal Law, Bail, Financial Fraud