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2025 DAILYLAW 28656 (ORI)

GIRISH CHANDRA BEHERA v. STATE OF ODISHA(VIG.)

BLAPL/4350/2025 · 2025-05-13

S K Panigrahi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4350 of 2025 Girish Chandra Behera …. Petitioner(s) Mr. Debashish Samal, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Sanjay Kumar Dash, SC for the Vigilance Department CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 13.05.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 02 29.03.2025 Balasore Vigilance P.S Balasore Vigilance P.S. Case No.02 of 2025 corresponding to Balasore Vigilance G.R. Case No.01 of 2025 pending in the Court of learned Special Judge, Vigilance, Balasore Section 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act (as amended in 2018) and Section 409 of the I.P.C. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Balasore Vigilance P.S. Case No.02 of 2025 corresponding to Balasore Vigilance G.R. Case No.01 of 2025 pending in Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-May-2025 13:09:04 Signature Not Verified p. 2 the Court of learned Special Judge, Vigilance, Balasore registered for the alleged commission of offence under Section 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act (as amended in 2018) and Section 409 of the I.P.C., has filed this application for his release on bail. 4. The brief fact of the case is that due to misappropriation of money to the extent of Rs.5,85,856.90/- in the Balasore- Bhadrak Co-operative Bank Ltd. the Petitioner being the Secretary-in-Charge of the Durgadevi Cooperative Society, Remuna has been booked in the above noted offences. The Petitioner has been languishing in custody since 02.04.2025. 5. Learned counsel for the Petitioner contends that the Petitioner is no way connected to the offences alleged against him. He has been entangled in this case due to some previous enmity. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-May-2025 13:09:04 Signature Not Verified p. 3 stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station in every fortnight between 10.00A.M. to 1.00P.M. till conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; iv. the Petitioner after the onset of monsoon (between June, 2025 to August, 2025), shall plant 200 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members. Violation of any of the above conditions shall entail cancellation of the bail. 8. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 9. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-May-2025 13:09:04 p. 4 10. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial. 11. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant