Himanshu Sekhar Kabi v. State of Odisha

Rugved MahamuniCase Summary

Bail application in a case of forgery and misappropriation of University funds

Himanshu Sekhar Kabi v. State of Odisha
In the High Court of Orissa
BLAPL 10490/2021
Before Justice Sashikanta Mishra
Decided on March 15, 2022

Relevancy of the case: Bail application in a case of forgery and misappropriation of University funds

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66)
  • The Indian Penal Code, 1860 (Section 420, 465, 468, 471)

Relevant Facts of the Case

  • In this case, the accused person was the Chief Financial Officer at Centurion University.
  • He used forged documents to transfer funds specifically to the co-conspirator’s accounts. All in all, they siphoned and misappropriated a total of ₹1.3 crores.

Prominent Arguments by the Advocates

  • The petitioner’s counsel argued that higher-ups are evidently making the petitioner a scapegoat to cover up their misdeeds. The counsel further submitted that the court had granted bail to all other co-accused persons. Moreover, the police has recovered 75% of the siphoned funds.
  • The respondent’s counsel argued that the petitioner was the mastermind behind these fraudulent transactions. Hence, there is no comparison with other co-accused persons.

Opinion of the Bench

  • The court noted the release of co-accused persons and the recovery of the siphoned funds.

Final Decision

  • The bench allowed the bail application.