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Orissa High CourtBLAPL/7989/2022allowed

Pranaya Kumar Mantry v. State Of Odisha(Vig.)

2022-09-06Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7989 of 2022 Pranaya Kumar Mantry ....

Petitioner Mr. S.S. Ray (2), Advocate -versusState of Orissa (VIG.) ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

06.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is accused in Sambalpur Vigilance P.S. Case No.28 of 2022 corresponding to Vigilance G.R. Case No.20 of 2022, pending in the file of learned Spl. Judge (Vig.), Sambalpur, under Section 7 of the P.C.(Amendment) Act, 2018. 4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge (Vig.), Sambalpur, by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that since the allegations are based more or less on documentary evidence, further continuance of the petitioner in custody is punitive. 6.

Learned counsel for the Vigilance Department submits that the investigation is at the nascent stage and release of the petitioner at this stage will affect the ongoing investigation and hence opposes

the release of the petitioner on bail at this stage before filing of charge-sheet.

7.

Considering the nature of allegations and the period of custody, this Court directs the petitioner to be released on bail on terms to be fixed by the Court in seisin over the matter. 8.

It is needless to state that the petitioner shall co-operate with the Investigating Agency and shall appear as and when summoned and he shall not go outside Odisha without express previous permission of the Court in seisin over the matter till filing of final form.

9.

It shall be open to the Investigating Agency to seek variance of this order, in the event the petitioner does not extend the desired co-operation.

10.

Accordingly, the BLAPL stands disposed of.

11.

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