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Judgment
11 paragraphs · 291 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in VGR F.I.R. No.01 of 2024 for the offences under Sections-13(2) of the P.C. Act as amended by Prevention of Corruption (Amendment) Act, 2018 and r/w Section -13(1)(b) and 12.
The allegation against the petitioner relating to disproportionate assets to his known source of income to the extent of Rs.3,19,64 391/-. The other co-accused persons have been released on anticipatory bail. The petitioner is in custody since 10.01.2024.
The petitioner had approached the learned Special Judge, Vigilance, Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 22.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 10.01.2024, nature of accusation and the fact that the prosecution case is based on the documentary evidence, no further custody of the petitioner is required, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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