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Orissa High CourtBLAPL/7515/2022allowed

Dr. Umakanta Khejuria v. State Of Odisha(Vig.)

2022-08-25Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7515 OF 2022 Dr. Umakanta Khejuria .........

Petitioner Mr. B.K.Das, Adv.

-versusState of Odisha ............

Opposite Party Mrs. J.Tripathy,(Vig.)

CORAM:

JUSTICE V. NARASINGH

ORDER

25.08.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The petitioner is an accused in connection with Vigilance P.S. Case No. 41 of 2022 corresponding to VGR Case No. 11 of 2022, pending on the file of the learned Special Judge, (Vigilance), Dhenkanal, for the alleged commission of offence under Section 7 of the P.C. Act. 4.

Being aggrieved by the rejection of her application for bail U/s. 439 Cr.P.C. by the learned Special Judge (Vigilance), Dhenkanal by Order dtd.2.08.2022, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that petitioner is in custody since 19.07.2022 and since investigation has progressed substantially his further continuance is unwarranted.

5.

Mrs. Tripathy, learned counsel for the Vigilance Department opposes the prayer for bail inter alia stating that during the stage of investigation the petitioner ought not to be released on bail.

6.

Taking into account that the investigation has substantially progressed and the nature of evidence against the petitioner, 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.

7.

It is needless to state that the petitioner shall cooperate with the investigation and shall appear as and when summoned and shall not leave the jurisdiction of the learned court in seisin over the matter without specific prior permission till conclusion of the investigation. If the petitioner does not extend the desired cooperation, it shall be open to the investigating agency to seek variance of this order.

8.

The BLAPL thus stands disposed of.

9.

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