Santanu Kumar Mohapatra Vs State of Odisha(Vig.)

This is an application for bail under section 483 of the B.N.S.S., 2023 in connection with Koraput Vigilance P.S. Case No.10 of 2025 corresponding to V.G.R. Case No.08 of 2025 pending before the learned court of the Additional Sessions Judge -Cum- Special Judge, Vigilance, Jeypore for alleged commission of offence under sections 13(2) read with section 13(a)(1) of the Prevention of Corruption (Amendment) Act, 2018 read with section 314/316(5)/61(2)/238 of the B.N.S. 2023

¶18

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -Cum- Special Judge, Vigilance, Jeypore vide order dated 18.03.2025.

¶19

Learned counsel for the petitioner submits that the petitioner was the Project Director, Watersheds and Deputy

¶20

Page 1 of 3

¶21

Director, Soil Conservation, Malkangiri and a DA case was instituted against the petitioner vide Koaput Vigilance P.S. Case No.2 of 2025 in which he was taken into judicial custody on 17.02.2025 and he has been directed to be released on bail by this Court in BLAPL No.2525 of 2025 vide order dated 29.04.2025. He has filed a copy of the said order in Court, which is taken on record. He further submits that after the petitioner was taken into custody in connection with that DA case, the present case has been instituted in which accusations for misappropriation of Government money of Rs.31,43,898/in connection with plantation programme has been made. He further submits that there is no chance of absconding of the petitioner since he is a Government servant so also tampering with the evidence and most of the evidence are documentary and, therefore, the bail application of the petitioner may be favourably considered.

¶22

Learned Standing Counsel for the Vigilance has produced the written instruction received from the Inspector of Police, Vigilance, Koraput Division, Jeypore, in which it is stated that the custodial interrogation of the petitioner is not required in this case. The written instruction produced in Court today is taken on record.

¶23

Considering the submission made by the learned counsel for the respective parties and the petitioner was taken on remand in this case and the period of detention of the petitioner in judicial custody and that the petitioner is a Government servant and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

¶24

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

¶25

Page 2 of 3

¶26

amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall cooperate with the investigation and shall appear before the Investigating Officer as and when required and shall not tamper with the evidence. Violation of any of the conditions shall entail cancellation of bail.

¶27

The BLAPL is disposed of accordingly.

¶28

Issue urgent certified copy as per Rules.

(S.K. Sahoo)

Judge

Basu

Signature Not Verified