Allowed

Bibhuti Bhusan Sahoo v. State of Odisha(Vig.)

Orissa HC7 Oct 2020BLAPL/5789/2020

Case brief

AI extract

What is this about?

Single Judge allowed a bail application under Section 439 Cr.P.C. for a government servant accused of quashing a corruption charge. The court noted no flight risk and ordered release subject to standard investigation conditions, retaining jurisdiction over the Special Court's terms. Qualifies as a routine bail order during COVID-19 lockdown.

What did the court decide?

Petitioner released on bail subject to court-deemed fit terms including conditions against influencing witnesses and leaving jurisdiction.

Bibhuti Bhusan Sahoo Vs State of Odisha(Vig.) — Corruption | Orissa HC (2020)

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BLAPL No.5789 of 2020

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07.10.2020 This matter is taken up through video conferencing due to lockdown in the wake of COVID-19 pandemic.

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Heard Mr. M.K. Mohapatro, learned counsel for the petitioner and Mrs. J.R. Tripathy, learned Additional Standing Counsel for the Vigilance Department.

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This is an application under Section 439, Cr.P.C., for grant of bail to the petitioner in connection with Koraput Vigilance P.S.Case No.19 of 2020 corresponding to G.R.(V) Case No.15 of 2020 pending in the court of the learned Special Judge(Vigilance), Bhawanipatna for alleged commission of offence under Section 7 of the Prevention of Corruption (Amendment) Act, 2018.

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Learned counsel for the petitioner submits that the allegations made in the F.I.R. are false, baseless and concocted one. There is no demand or acceptance of bribe money and the petitioner has not handled the alleged tainted money. The investigation of the case has been progressed a lot, most of the material witnesses have been examined, which do not disclose a prima facie case against the petitioner. The petitioner is a Government servant working as the Principal in Government I.T.I., Khariar Road in the district of Nuapada. The petitioner is in custody since 19.08.2020.

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On the other hand, learned Additional Standing Counsel opposes the submission advanced by the learned counsel for the petitioner and submits that there is proof of demand and acceptance of bribe money and that he has been caught red handed. Investigation of the case has not yet been completed. Charge sheet is yet to be submitted. The witnesses corroborate the receipt of bribe by the petitioner as

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well as recovery thereof from his possession. Accordingly, his prayer for bail may be rejected.

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Considering the submissions made by the learned counsel for the parties, the materials available on record and keeping in view the period of detention of the petitioner in custody and the fact that there is no chance of his absconding since the petitioner is a Government servant, I am inclined to allow this bail application and direct that the petitioner be released on bail in the aforesaid case on such terms and conditions as would be deemed fit and proper by the learned court below with the following conditions:

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(i) he shall not involve himself in any other similar nature of offences;

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(ii) he shall not try to influence or terrorize the prosecution witnesses in any manner; (iii) he shall appear before the I.O. as and when required for the purpose of investigation till submission of charge sheet; and (iv) he shall not leave the jurisdiction of the trial court without prior permission of the said court.

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Violation of any of the above conditions would entail cancellation of bail of the petitioner.

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Accordingly, the BLAPL is disposed of.

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…………..…..…..

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P. Patnaik, J.

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Bibhuti Bhusan Sahoo v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Bibhuti Bhusan Sahoo v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

What the court decided

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