Harshamani Dei v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10614 of 2021 Harshamani Dei ....

Petitioner Mr. Mohendra Kumar Mohapatro, Advocate -Versus - State of Odisha (Vig.) ....

Opposite Party Ms. J.R. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 08.02.2022 I.A. No. 161 of 2022 Order No.

3.

1.

This matter is taken up through hybrid mode.

2.

Learned Senior Counsel submits that he does not want to press the I.A., which is therefore dismissed as not pressed. 3.

The I.A. is accordingly disposed of.

(Sashikanta Mishra) Judge BLAPL No. 10614 of 2021 Order No.

4.

1. Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

2. The petitioner is in custody since 22.11.2021 in connection with Koraput Vigilance P.S. Case No. 25 of 2021 corresponding to G.R. (Vigilance) Case No. 20 of 2021 pending in the Court of

learned Special Judge (Vigilance), Bhawanipatna for the alleged commission of offence under Section 7 of Prevention of Corruption (Amendment) Act.

3. The allegation is that the petitioner was caught red-handed while accepting bribe of Rs.80,000/- from the informant as gratification for providing him with the job of Anganwadi worker. 4.

It is submitted by learned counsel for the petitioner that the prosecution case, on the face of it is false because the petitioner being an Anganwadi Supervisor has no authority to give appointment to any Anganwadi worker.

5.

Learned Additional Standing Counsel for the State has opposed the prayer for bail by submitting that a trap was laid and the petitioner was caught red-handed and both demand as well as acceptance was clearly proved.

6.

On considering the rival submissions, the materials on record, the period of detention already undergone and the fact that investigation into the case appears to have progressed substantially, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall make himself available as and when required by the I.O. extending him all necessary cooperation. 7.

The BLAPL is accordingly disposed of.

8.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu