Dr. Biranchi Narayan Dash v. State Of Odisha(Vig.)
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11902 of 2022 Dr. Biranchi Narayan Das and another ....
Petitioners Mr. L.N. Patel, Advocate -versusState of Odisha (Vigilance) ....
Opp. Party Ms. J. Tripathy, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
17.10.2022 02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.
3.
This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with VGR Case No.05 of 2022 arising out of Rourkela Vigilance P.S. Case No.05 of 2022 pending in the Court of learned Special Judge (Vigilance), Sundargarh for alleged commission of offences under Section 13(2) read with Section 13(1)(b)/12 of the P.C. Act(Amendment) Act, 2018.
4.
It is submitted by learned counsel for the petitioners that the petitioners have appeared before the Investigating Officer and have cooperate with the investigation as directed by this Court vide order dated 22.09.2022 and such fact is confirmed by the learned counsel
// 2 // for the Vigilance Department.
5.
It is further submitted by learned counsel for the Vigilance Department that further custodial interrogation is not necessary any further.
6.
Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move 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, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.
The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.
they 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.
7.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu