IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1802 of 2025 Dusil Sinku …. Petitioner Mr. S.K. Pattnaik, Advocate -Versus- State of Odisha …. Opposite Party Mr. U.R. Jena, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.03.2025 01. 1. Heard Mr. Pattnaik, learned counsel for the petitioner and Mr. Jena, learned AGA for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No. 279 of 2020 (arising out of Telkoi P.S. Case No. 27 of 2020) pending in the file of learned JMFC, Telkoi, on the grounds stated. 3. From a copy of the audit report as at Annexure-3, the Court finds that there has been a decision at the administrative level towards recovery of Rs.6,10,400/- from the petitioner and the co- accused, namely, Kanhei Charan Sahu. The submission is that an amount of Rs.30,44,037/- was spent and it was at the instance of the accused persons, including the petitioner, the then Sarpanch of the GP, as against receipt of an amount of Rs.27,51,483/- towards the developmental expenditure during the financial year, 2017-18. The claim is that an extra sum of Rs.3.00 lac and some odd was spent by the accused persons, though the recovery is in respect of Rs.6,10,400/- from them. 4. In reply and response to the above, Mr. Jena, learned AGA for the State refers to a copy of the chargesheet and objects to the release of the petitioner for the alleged mischief and misappropriation of Government fund. The chargesheet reveals that the co-accused has expired in the year 2023. The allegation is to the effect that the excess amount was spent through cheques and account transfer and it was illegally held by the petitioner and the co-accused, namely, Ex-PEO. 5. Considering the case diary and other relevant documents and the chargesheet, as made available, the Court is of the view that there has been such excess expenditure carried out by the petitioner, while holding office of the Sarpanch of the GP. Such mischief could be detected during the audit held for the financial years, 2017-18 to 2018-19, so revealed from Annexure-3. As earlier stated, a decision has been taken towards recovery of the said amount payable by both for an amount of Rs.6.00 lac and some odd. 6. Having regard to the above facts and submissions of the respective parties and the closure of investigation and the fact that the FIR was lodged on the basis of an audit report and that the petitioner is in custody from 21st December, 2024, recording the objection of Mr. Jena, learned AGA for the State, the Court is inclined to allow him to go on bail with conditions. 7. Accordingly, it is ordered. 8. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with G.R. Case No. 279 of 2020 arising out of Telkoi P.S. Case No. 27 of 2020 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned JMFC, Telkoi, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. 9. The BLAPL is disposed of. 10. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge GDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY