The High Court granted bail to the petitioner, a District Fisheries Officer, in a corruption case. The court considered the absence of absconding risk, investigation progress, and custodial period to order release on a bail bond with personal bonds of sureties.
Petitioner released on bail on furnishing a bond of Rs. 50,000 with two local solvent sureties.
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BLAPL No.790 of 2021
Surendra Kumar Ghadei … Petitioner
-Versus-
State of Odisha
... Opp. party
Heard learned counsel for the petitioner and Mrs. Jyotsna Rani Tripathy, learned Addl. 1Standing Counsel for the Vigilance Department.
This is an application under section 439 of Cr.P.C. in connection with Balasore Vigilance P.S.Case No.03 of 2021 corresponding to Baripada VGR No. 01 of 2021 pending in the file of learned Special Judge (Vigilance), Baripada for alleged commission of offence under section 7 of the Prevention of Corruption Act.
The bail application of the petitioner has been rejected by the learned Special Judge (Vigilance), Baripada vide order dated 25.01.2021.
Learned counsel for the petitioner submitted that the petitioner is the District Fisheries Officer, Mayurbhanj, Baripada and he is in judicial custody since 12.01.2021. He further submitted that in the meantime, the investigation of the case has made substantial progress and there is no chance of absconding of the petitioner or tampering with the evidence. Learned counsel for the petitioner further submitted that the petitioner is ready and willing to cooperate with the investigation and therefore, his bail application may be favourably considered.
The learned Addl. Standing Counsel for the Vigilance Department opposed the prayer for bail and submitted that the trap was a successful one.
Considering the submissions made by the learned counsels for the respective parties, nature of accusation, absence of any chance of absconding, progress of investigation and the period of detention in judicial custody, I am inclined to release the petitioner on bail.
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 local 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.
Violation of any terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
PKSahoo
1 issue framed by the court
Whether the petitioner shall be released on bail in the specified corruption case despite the successful trap and progress of investigation.
1 provisions across 1 enactments
Surendra Kumar Ghadei
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
