Orissa High Court Grants Bail to Three Employees Accused of Illegally Transporting Company’s Volvo Parts: Magistrate-Triable Offences, Preliminary Charge Sheet and No Antecedents Justify Release on Stringent Security

Three employees of a company distributing Volvo parts and lubricants, in custody since 25.06.2026, sought bail in Gurudijhatia P.S. Case No. 105 of 2026 (C.T. Case No. 386 of 2026) for offences under Sections 316(4), 336(2), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), the prosecution alleging illegal transport of the company’s goods (Paras 4–6). The informant and the State opposed, citing alleged misappropriation of crores and financial fraud, and the risk of absconding (Paras 7–8). Noting that the offences are triable by a Magistrate, a preliminary charge sheet was filed on 21.08.2026, keeping investigation open, the petitioners’ custody and absence of antecedents, the High Court granted bail on a Rs.1,00,000/- bond with two sureties, cash security of Rs.1,00,000/- and property security of Rs.10,00,000/- each (Paras 9–12).

Key Proposition: Even in an alleged financial-fraud case opposed by the informant and State, accused who have no antecedents, have been in custody for months and face only Magistrate-triable offences, with a preliminary charge sheet already filed, may be released on bail subject to stringent monetary security and standard conditions.

• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Regular bail – Sections 316(4), 336(2), 338, 340(2), 3(5) BNS – Offences triable by Magistrate; custody since 25.06.2026; preliminary charge sheet filed on 21.08.2026; no criminal antecedents – Held, bail granted subject to stringent conditions. (Paras 4–6, 9–10)
• Satender Kumar Antil v. CBI, (2022) 10 SCC 51 – Relied on by the petitioners for release; the Court granted bail without discussing the decision. (Paras 6, 9)
• Bail conditions – Bond of Rs.1,00,000/- with two solvent sureties, cash security of Rs.1,00,000/- in an interest-bearing nationalised-bank account for one year, renewable till conclusion of trial, and property security of Rs.10,00,000/- each. (Paras 10–12)

Background / Synopsis :

• Three bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) arise out of Gurudijhatia P.S. Case No. 105 of 2026 (C.T. Case No. 386 of 2026, pending before the S.D.J.M., Athagarh) for offences under Sections 316(4), 336(2), 338, 340(2) and 3(5) BNS; they were heard together. (Paras 2, 4)
• The petitioners have been in custody since 25.06.2026; a preliminary charge sheet was filed on 21.08.2026 keeping the investigation open. (Para 5)
• Prosecution allegation: the petitioners, linked with the complainant-company that distributes Volvo parts and lubricants, illegally transported the company’s goods, which the police seized. The petitioners said they are long-serving employees falsely implicated because of differences with management. (Para 6)

Issues For Consideration :

• Whether the petitioners should be granted regular bail under Section 483 BNSS despite the allegation of financial fraud and the opposition of the State and informant. (Paras 5–9)

Submissions Of Parties :
Petitioners:

• They are in custody since 25.06.2026, have no criminal antecedents, belong to the locality and will not abscond; they are employees falsely implicated due to differences with management; investigation is over and no custodial interrogation is needed; all offences are triable by Magistrate; relied on Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and prayed for release on stringent terms. (Paras 5–6)

Informant (Mr. Devashis Panda) and State (Additional Standing Counsel):

• The petitioners are involved in misappropriation of the company’s money and goods worth crores; the case relates to financial fraud, so no leniency should be shown. (Para 7)
• The State supported the informant: if released, the petitioners may abscond and delay the trial, given the gravity of the allegation. (Para 8)

Court's Observations & Analysis :
Re: Issue – Grant of bail

• Having regard to the facts and materials, the fact that the offences are triable by a Magistrate, that a preliminary charge sheet was filed on 21.08.2026, the petitioners’ custody since 25.06.2026 and that they have no criminal antecedents, the Court was inclined to release them on bail on stringent conditions. The order does not separately address the gravity of the alleged fraud or Antil. (Para 9)

Notable Observations:

• “the offences alleged are triable by Magistrate” (Para 9)

Decision & Directions :

• Each petitioner to be released on bail on furnishing a bond of Rs.1,00,000/- with two solvent sureties each for a like sum to the satisfaction of the court in seisin, which may impose other conditions. (Para 10)

1. The petitioners shall not indulge in any criminal activities while on bail.
2. They shall cooperate with the investigation and appear before the Investigating Officer as and when required.
3. They shall appear before the trial court on each date unless personal appearance is dispensed with. Violation entails cancellation of bail.
4. Each shall deposit cash security of Rs.1,00,000/- before the court in seisin, to be kept in an interest-bearing account in a nationalised bank initially for one year, renewable from time to time till conclusion of the trial, subject to the final outcome. (Para 11)
5. Release is subject to property security of Rs.10,00,000/- each to the satisfaction of the court in seisin. (Para 12)

• The bail applications are disposed of. Costs: Not stated in judgment. Separate Opinions: None. (Para 13)

Legal Provisions Discussed & Precedents Cited :

• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 (bail by High Court or Court of Session) ↔ Code of Criminal Procedure, 1973 – Section 439.
• Bharatiya Nyaya Sanhita, 2023 – Sections 316(4), 336(2), 338, 340(2) and 3(5) (offences charged; the judgment does not describe them). Editorial IPC equivalents, to be verified: 316(4) ↔ 408, 336(2) ↔ 465, 338 ↔ 467, 340(2) ↔ 471, 3(5) ↔ 34.
• Doctrines: bail where offences are Magistrate-triable and custody is prolonged; monetary and property security as bail conditions; no antecedents as a ground.
• Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 – Referred to (relied on by the petitioners; not discussed).