Allowed

Santosh Yadav v. State of Odisha

Orissa HC19 Mar 2019BLAPL/1382/2019

Case brief

AI extract

What is this about?

In a bail application under section 439 Cr.P.C., the petitioner sought release in a corruption case where his co-accused had already been set at liberty. Considering the nature of accusation, lack of absconding risk, and quantum of custody, the single judge inclined to grant bail.

What did the court decide?

Release of the petitioner on bail by furnishing a bond of Rs.50,000 with two solvent sureties each, subject to standard conditions of cooperation and appearance.

Santosh Yadav Vs State of Odisha — Corruption | Orissa HC (2019)

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BLAPL No. 1382 of 2019

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19.03.2019

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Heard learned counsel for the petitioner and Mrs. Jyotsna Rani Tripathy, learned Addl. Standing Counsel for the Vigilance Department.

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This is an application under section 439 Cr.P.C. in connection with Cuttack Vigilance Cell P.S.Case No.01 of 2019 corresponding to Vig. G.R. Case No. 01 of 2019 pending in the file of learned Addl.Sessions Judge-cum-Special Judge, Vigilance, Sundargarh for alleged commission of offences under section 7 of the Prevention of Corruption Act.

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The petitioner moved an application for bail before the Court of learned Special Judge, Vigilance, Sundargarh, which was rejected on 05.02.2019.

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Learned counsel for the petitioner submitted that the petitioner was the Work Sarkar and he is in judicial custody since 21.01.2019. He further submitted that in the meantime the investigation of the case has made substantial progress and there is no chance of his absconding or tampering with the evidence. He further submitted that the co-accused Kumari Raj Laxmi, who was the Asst. Engineer of Rajgangpur Municipality has already been released on bail and therefore, his bail application may be favourably considered.

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Mrs. Jyotsna Rani Tripathy, learned Addl. Standing Counsel for the Vigilance Department opposed the prayer for bail. Considering the submissions made by the learned counsels for the respective parties, nature of accusation, absence of any chance of absconding, progress of investigation, release of co-accused on bail and the period of detention in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as deem fit and proper. The petitioner shall cooperate with the investigation, shall appear before the I.O. as and when necessary, shall not try to tamper with the evidence and shall appear before the trial Court on each date to which the case would be posted for trial.

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Violation of any terms and conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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A free copy of the order be handed over to the learned Addl. Standing Counsel for the Vigilance Department.

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PKSahoo

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S.K.Sahoo,J.

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…………………..……

Santosh Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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