Manoj Kumar Dash v. State Of Odisha(Vig.)
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9292 of 2022 Manoj Kumar Dash ....
Petitioner Mr. S.S. Ray-2, Advocate -versusState of Odisha (Vigilance) ....
Opp. Party Mr. M.S. Rizvi, A.S.C. for Vigilance Department
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
12.08.2022 03.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioner and learned counsel for State-Vigilance.
3.
It is submitted by learned counsel for the Vigilance Department that the case is of the year 2016, however, the petitioner has not been arrested till date. It is further submitted by learned counsel for the Vigilance Department that the petitioner is not cooperating with the investigation and also not producing documents. 4.
This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
4.
The petitioner is seeking pre-arrest bail in connection with G.R. Case No.32 of 2016(V), arising out of Koraput Vigilance P.S. Case No.61 of 2016 pending in the court of learned Additional Sessions Judge-cum-Special Judge(Vigilance), Jeypore for commission of offence punishable under Section 13(2) read with
// 2 // Section 13(1)(e) of the P.C. Act.
5.
Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that the petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation, shall produce the relevant documents during investigation and he shall not default in attendance of the court during trial on each date of posting. Violation of any of the terms and conditions shall entail cancellation of bail.
6.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu