Subhra Prakash Nayak v. State of Odisha
Case at a glance
- Bench
- S K SAHOO
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 409
- Official Secrets Act, 1923 s. 3
- Atomic Energy Act, 1962 s. 24
Key paragraphs
- Para 0101. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State. This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case…
Judgment
Mr. P.K. Dash, Advocate -versus- State of Odisha …. Opp. Party Mr. J.P. Patra, Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO Order No. ORDER 03.03.2022
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State. This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.15 of 2022 arising out of Chamakhandi P.S. Case No.04 of 2022 pending in the Court of learned S.D.J.M., Chatrapur, Ganjam for alleged commission of offences under section 409/34 of the Indian Penal Code, section 3 of the Official Secrets Act, 1923 and section 24 of the Atomic Energy Act, 1962. Perused the F.I.R. The F.I.R. has been lodged by the Deputy General Manager (HR & A), IREL (India) Ltd. indicating therein that the petitioner being the husband of one Smt. Anjulata // 2 // Swain, owner of M/s. Oriental Zirconia has illegally obtained sensitive documents relating to operations of IREL (India) Ltd., which is strategic in nature by colluding with co-accused Prasanta Kumar Choudhury. In view of the nature and gravity of the accusation against the petitioner, I am not inclined to release the petitioner on anticipatory bail. Accordingly, the ABLAPL is dismissed. Urgent certified copy of this order be granted on proper application. Judge ( S.K. Sahoo) RKM
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.