Pravat Kumar Rout v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6930 of 2022 Pravat Kumar Rout ....

Petitioner Mr. S.C. Mohapatra, Advocate -versusState of Odisha (Vig) ....

Opposite Party Ms. J. Tripathy, (Vig) CORAM: JUSTICE V. NARASINGH

ORDER

10.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in VGR Case No.20 of 2022, on the files of learned Special Judge (Vigilance) Cuttack, arising out of Cuttack Vigilance P.S. Case No.39 of 2022, under Sections 13(2) read with Section 13(1)(b) of the Prevention of Corruption Act and is in custody since 29.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge (Vig), Cuttack, by order dated 14.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 29.06.2022, he has cooperated with investigation and his further continuance is unwarranted, since

the allegations are more or less based on documentary evidence which have already been seized by the Vigilance Authority. 6.

Learned counsel for the Vigilance Department submits that the investigation is going on and if the petitioner is released at this stage, it will affect the ongoing investigation. Hence seeks rejection of the bail application.

7.

Considering the submission of the Parties and keeping in view that the allegations are based on documentary evidence and taking into account period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Additionally, it is directed that the petitioner shall appear before the Investigating Officer as and when summoned. He shall give his mobile number to the Investigating Officer and shall not leave the territorial jurisdiction of the Court in seisin over the matter without the express permission of the Court till the submission of final form.

9.

It shall be open to the Vigilance Authority to seek variance of this order, if the petitioner does not extend the desired cooperation.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi