Dusmanta Kumar Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7801 of 2022 Dusmanta Kumar Dehury ....

Petitioner Mr. P. Acharya, Sr.Advocate -versusState of Odisha ....

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

ORDER

05.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. Acharya learned senior counsel for the petitioner instructed by Mr. A.B. Pattnaik and Ms. Tripathy for the Vigilance Department.

3.

The petitioner is an accused in V.G.R. Case No.10 of 2022 pending in the file of learned Special Judge (Vigilance), Dhenkanal arising out of Cuttack Vigilance P.S. Case No.40 of 2022, offence under Sections 13(2) read with Section 13(1)(b) and Section 12 of the Prevention of Corruption Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge (Vigilance), Dhenkanal by order dated 23.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

The petitioner is stated to be in custody since 13.07.2022. It is submitted by the learned senior counsel that investigation has

progressed substantially and further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the Vigilance Department opposes the prayer for bail during the currency of investigation. 7.

Taking into account the nature of allegations being more or less based on documentary evidence and the progress in investigation as stated and the period custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

It is needless to state that the petitioner shall cooperate with the Investigating Agency as and when such cooperation is sought for and it is open to the I.O. to seek variance of the order if the petitioner does not cooperate.

9.

Accordingly, the BLAPL stands disposed of.

10.

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