Ratnakar Sethy v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2046 of 2022 Ratnakar Sethy ....

Petitioner Mr. D. Das, Advocate -versusState of Odisha (Vig) ....

Opposite Party Mrs. J. Tripathy, Addl. Standing Counsel (Vig)

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.4.2022.

03.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 3rd February, 2022 in connection with Cuttack Vigilance P.S. Case No.9/2022 corresponding to V.G.R. Case No.4/2022 pending in the court of learned Special Judge, Vigilance, 1st Court, Cuttack for the alleged commission of the offence under Sections 13(1)/13 (2)(b) of the P.C. Act and Section 34 of the I.P.C.

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4. Learned counsel for the Petitioner submits that while calculating the income of the Petitioner the Investigating Agency has not taken into account all the sources of income as also that of his wife who is also a public servant and income tax payee. It is further submitted that several loans availed by the Petitioner from Banks have not been taken into account.

5. Mrs. J. Tripathy, learned Addl. Standing Counsel for the Vigilance Department, has opposed the prayer for bail by submitting that since the investigation is still in progress some further materials may come out and, therefore, the Petitioner should not be granted bail. She further submits that the Petitioner's disproportionate assets is to the extent of 570%.

6. Considering the submissions as above, the materials on record, the period of detention in custody and taking into account the fact that investigation of the case has progressed substantially, I am inclined to allow the prayer for bail.

7. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall make himself available as and when required by the I.O., shall fully cooperate with investigation and he shall appear before the court below on each date of posting of the case without fail.

8. The BLAPL is disposed of.

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9. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge