IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.107 of 2026 Binayak Nayak … Petitioner Mr. S.P. Dash, Advocate -versus- State of Odisha (Vig.) … Opposite Party Mr. S.K. Das, Addl. PP (Vigilance) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Berhampur Vigilance PS Case No.18 of 2025 corresponding to GR Case No.06 of 2025 (V) pending in the file of learned Special Judge-Vigilance, Phulbani, for commission of offences punishable U/Ss.13(2) r/w 13(1)(a) of PC Act and Section 316(5) of BNS, on the main allegation of misappropriating Government fund of Rs.12,87,201/- by transferring to his own account without utilizing for the purpose it was sanctioned. 3. Heard, Mr. Sarada Prasad Dash, learned counsel for the petitioner and Mr. Sanjay Kumar Das, learned Additional Public Prosecutor-Vigilance in the matter and perused the record including the written instruction as received from the DSP, Vigilance, Phulbani Unit and produced before this Court. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 28.11.2025 with substantial progress in investigation and there being no requirement of custodial interrogation of the petitioner as clarified by the IO in the written instruction and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and keeping in view the status of the petitioner as a Government servant, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing cash surety of Rs.50,000/- (Rupees Fifty Thousand), in addition to bail bonds 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 of the case on such terms and conditions as deem fit and proper by it with following condition:- (i) the petitioner shall appear before the IO as and when required and co-operate with the investigation, if required. 6. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer