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Orissa High CourtABLAPL/16700/2021allowed

Nilamani Rana v. State Of Odisha(Vig.)

2022-01-24Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16700 of 2021 Nilamani Rana ....

Petitioner Mr. J. Dash, Advocate -versusState of Odisha(Vig.) ....

Opp. Party Mr. M.S. Rizvi, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

24.01.2022 01.

This matter is taken up through Video Conferencing Mode.

Heard learned counsel for the petitioner and Mr. M.S. Rizvi, learned Addl. Standing Counsel for the Vigilance Department.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with V.G.R. Case No.49 of 2012 arising out of Bhubaneswar Vigilance P.S. Case No.49 of 2012 pending in the Court of learned Special Judge (Vigilance), Bhubaneswar for alleged commission of offences under section 13(2) read with sections 13(1)(c)(d) of the Prevention of Corruption Act, 1988

// 2 // and section 409 of the Indian Penal Code.

Perused the F.I.R.

In view of the liability of the petitioner as per the first information report and the submission made by the learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the investigation and that the petitioner is a retired Government servant, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties for the like amount to the satisfaction of the arresting officer with further conditions that the petitioner shall cooperate with the investigation and he shall not try to tamper with the evidence and he shall appear before the Investigating Officer as and when required but to that effect, written intimation has been served on the petitioner. If the petitioner fails to appear on the date fixed or does not cooperate with the investigation, the prosecuting agency is at liberty to seek appropriate remedy for cancellation of the anticipatory bail order of the petitioner.

The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out

// 3 // thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge p