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Ajaya Khuntia vs State Of Odisha

Orissa High Court · Decided on 18 September 2023 · Citation: (2023) 09 OHC CK 0128

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Prevention of Corruption (Amendment) Act 2018 — Section 7
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10143 Of 2023
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Judgment

13 paragraphs · 343 words

V. Narasingh, J

1.

Heard learned counsel for the petitioner and learned counsel for the Vigilance Department.

2.

The petitioner is an accused in connection with Vigilance G.R. Case No. 13 of 2023, pending before the Court of the learned Addl. Dist and Sessions Judge-cum-Special Judge, Balangir arising out of Vigilance P.S. Case No.22 of 2023 for alleged commission of offences under Sections u/s 7 of the PC (Amendment) Act, 2018.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge(Vigilance) Balangir, Bhubaneswar by order dated 29.08.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 24.08.2023 on the accusation of demanding money for processing pension under the New Pension Scheme, while working as Accountant in the office of BEO, Saintala, Balangir.

5.

It is submitted by the learned counsel that since investigation has progressed substantially and the nature of accusation, the Petitioner may be released on bail.

6.

Learned counsel for the Vigilance Department, Mrs. Tripathy opposes the prayer for bail and submits that since investigation is at a nascent stage, releasing the Petitioner at this stage would derail the ongoing investigation.

7.

Considering the nature of allegation, period in custody, since allegation is more or less based on documentary evidence, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Additionally, it is directed that the Petitioner shall cooperate with the investigation and shall appear before the jurisdictional police station as and when summoned and shall not leave the jurisdiction of the learned Court in seisin without its express permission till submission of final form.

9.

If it comes to fore, that Petitioner has not rendered the desired co-operation, it shall be open to the Vigilance Authority to seeks variance of this order.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per the rules.

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