Sanjay Kumar Sarangi vs State Of Odisha

R.K. Pattanaik, J

1.Heard learned counsel for the petitioner and State.

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.1442 of 2022 pending in the file of learned J.M.F.C.(O), Bhubaneswar corresponding to Special Crime Unit P.S. P.S. Case No.03 of 2023 on the grounds stated therein.

Learned counsel for the petitioner submits that the petitioner was responsible for the verification of the documents during the transaction in question and was not directly responsible for identification of the so-called vender and later to the fraud revealed, he immediately intimated the Tahasildar concerned vide Annexure-4 series for cancellation of the RoR, hence, therefore, in view of the limited role played by him and having remained in custody since 4th September, 2023, he should be allowed to go on bail on any terms and conditions.

Mr. Patra, learned ASC for the State on the other hand strongly objects to the release of the petitioner on the ground that he is having one more criminal case in EOW Case No.7 of 2023 which is met by a reply with response by learned counsel appearing him that in the said case, he was not involved and for that, had in fact approached this Court for anticipatory bail though fairly admits about being chargesheeted later on.

Considering the submissions of learned counsel for respective parties and since the petitioner is a Govt. servant and was on duty and responsible for verification of documents for the purpose of the alleged transaction and since he said to have intimated the local Tahasildar vide Annexure-4 series for taking steps for cancellation of RoR after the fraud was revealed and taking into account the length of detention which is from 4th September, 2023 and as in the meantime, chargesheet is filed of course keeping investigation open, the Court is of the considered view that the petitioner should be allowed to go on bail subject to following conditions as material evidence is already collected necessary for his prosecution.

Hence, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.1442 of 2022 arising out of Special Crime Unit P.S. P.S. Case No.03 of 2023 subject to him furnishing a bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.(O), Bhubaneswar, who shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case with an additional conditional such as, he shall not tamper with the evidence in any manner whatsoever, while on bail.

The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules and in course of the day.

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