The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.368 of 2025 Basanta Kumar Dash …. Petitioner Mr.L.Jena Advocate -versus- State of Odisha …. Opposite Party
Decision
THE HON’BLE MR.JUSTICE ANANDA CHANDRA BEHERA ORDER 30.05.2025 Order No. 02. 1. 2. This matter is taken up through hybrid mode. This bail application under Section 439 of the Cr.P.C. read with Section 483 of the BNS of the petitioner has arisen out of G.R. Case No.426 of 2024 corresponding to Mangalabag P.S. Case No.162 of 2024, pending in the Court of learned J.M.F.C. (City), Cuttack. 3. I have already heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State. 4. The petitioner has been charge-sheeted under Sections 409/420 of IPC on the allegation of commission of criminal breach of trust as well as cheating Rs.29 lakhs of the Government money, while he was serving as a Deputy Director of Fisheries in the office of the Director of the Directorate of Fisheries, Odisha, Cuttack as well as DDO of the said Directorate by transferring such amount, i.e., Rs.29 lakhs from the government account to his own account. 5. The petitioner is in jail custody since 04.07.2024 having been implicated under Sections 409/420 of IPC, 1860. Page 1 of 4 6. During course of hearing, the learned counsel for the petitioner submitted that, the petitioner is voluntarily interested to deposit Rs.5 lakhs as a security for his release on bail. 7. When the petitioner is in jail custody since 04.07.2024 and when, the investigation of the case has already been completed due to submission of charge sheet on dated 30.10.2024 under Section 409/420 of IPC against him and when the presence of the petitioner before the investigating officer for the purpose of any further investigation is no more required due to completion of investigation for the submission of charge sheet and when the investigating officer has not come forward stating any requirement of the petitioner for his further custodial interrogation and when all the allegations alleged against the petitioner are based on documentary evidence, to which, during investigation the I.O. might have accessed and when there is no material in the record to show that, he (petitioner) has avoided to cooperate investigation after his arrest and when the main object/purpose of bail is to secure the attendance of the accused during trial and when the petitioner is a government officer and he is in service and when there is no material on record on behalf of the prosecution to show that the presence of the petitioner during trial cannot be secured and when, the petitioner is voluntarily interested to deposit of Rs.5 Lakhs as security for releasing him on bail, then at this juncture by applying the principles of law relating to bail enunciated in the like nature of cases enunciated by the Apex Court reported in 2011 (4) Crimes-323 (S.C.) :Sanjay Chandra vrs. C.B.I. and 2024 (4) Crimes-41 (S.C.) vrs. V.Senthil Balaji vrs. The Deputy Director, Directorate of Enforcement, it is felt proper to allow the petitioner to go on bail with stringent conditions looking to the interest of the prosecution, when there is no certainty or possibility of completion of the trial of the case against Page 2 of 4 the petitioner within a reasonable period. Therefore, the bail application filed by the petitioner is allowed. 8. He (petitioner) is allowed to go on bail on furnishing 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 conditions that:- (i) he (petitioner) shall not involve with similar nature of crime in future. (ii) he (petitioner) shall furnish cash security to the tune of Rs.5 lakhs (Rupees five Lakh only) in the shape of S.T.D.R. obtained from any nationalized bank initially for a period of 06 months, renewable from time to time till final disposal of the case with an undertaking by the petitioner that, the payment of matured amount as against the S.T.D.R. shall be subject to any order passed under Section 395 of BNS corresponding to Section 357 of Cr.P.C. by the learned trial Court in connection with Mangalabag P.S. Case No.162 of 2024. (iii) he (petitioner) shall cooperate with the further investigation of the case by remaining present in the place as and when directed the Investigating Officer. (iv) he (petitioner) shall not directly or indirectly make any inducement, threat or promise to the informant or to any person acquainted with the facts or any witnesses of the case in any manner or he (petitioner) shall not make any attempt to influence them in any manner so as to dissuading them from disclosing such facts before the Court or any other authority including the Investigating Agency. (v) he (petitioner) shall remain present personally before the trial court on the dates fixed for hearing of the case and if he wants to remain absent, then, he (petitioner) shall take prior permission of the court for the same to be represented through his learned counsel. Page 3 of 4 (vi) he (petitioner) shall surrender his passport, if any, (if not already surrendered) before the trial court and in case, he (petitioner) is not the holder of the same, he shall swear an affidavit for the same. If he has already surrendered his passport before the court in connection with Mangalabag P.S. Case No.162 of 2024, that fact should also be supported by him (petitioner) through an affidavit. the Investigating is given (vii) Authorities/prosecution to make appropriate application or applications for modification/recalling the bail order of the Petitioner, if for any reason, the petitioner violate any of the above conditions imposed by this Hon’ble Court for his release on bail. liberty The to 9. Accordingly, the bail application of the petitioner is disposed of finally. 10. Grant urgent certified copy of this order to the petitioner on proper application. (ANANDA CHANDRA BEHERA) VACATION JUDGE Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 01-Jun-2025 15:06:08 Page 4 of 4