VICKY KUMAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) By filing the present application under Sec. 528 of BNSS, the Petitioners seek to invoke the inherent jurisdiction of this Court to quash order dtd. 11/8/2025 arising out of Balasore Cyber P.S. Case No.12 of 2025, corresponding to C.T. Case No.198 of 2025, pending before the learned S.D.J.M., Balasore. The above noted case was registered at the instance of the Informant-Opposite Party No.2 alleging commission of offence punishable under Ss. 3(5), 318(4), 319(2), 336(3), 338, 340(2) of BNS read with Ss. 66-C & 66-D of Information Technology Act' 2008. By virtue of the impugned order, the learned trial Court has rejected the prayer of the Petitioners for their release on default bail under Sec. 187(3) of BNSS, 2023.

(2.) Heard learned counsel for the Petitioners and learned counsel for the State. Perused the application as well as the prayer made therein.

(3.) Learned counsel for the Petitioners at the outset contended that after registration of the FIR on 17/3/2025 at about 16:30 hours at Cyber Crime & Economic Offences, Balasore Police Station, the investigation of the case commenced. In course of investigation the Petitioners were arrested on 10/5/2025. He further submitted that the Petitioners remained in custody for 90 days from the date of arrest, however, no charge-sheet was filed within the aforesaid statutory period of 90 days. Thereafter, on the 92nd day, i.e. on 12/8/2025, application under Sec. 187(3) of BNSS, 2023 was filed for release of the Petitioners on default bail. It is stated by learned counsel for the Petitioners that by that date the charge-sheet has not been filed by the I.O. as the investigation had not been completed.