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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Ramjee Prasad Gupta – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
G. Satapathy, J.
1. Since these eight bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
2. These eight bail applications are U/S.483 of BNS S Act by the petitioners for grant of bail in connection with CID CB PS Case No.06 of 2025 corresponding to GR Case No.595 of 2025 pending in the Court of learned Addl. Civil Judge-cum-JMFC-III (Cog. Taking), Cuttack, for commission of offences punishable U/S.303(2)/ 318(2)/ 324(3)/ 336(3)/ 337/ 338/ 49/ 238/ 112(2)/ 61(2)/ 3(5) of r/w Sec.09 of Orissa Conduct of Examination Act .
3. The case again demonstrates a case of leakage of question paper which in fact took shape in the chamber of the petitioner- Dr. Nihar Ranjan Mohanty, Vice President, Board of Secondary Education (BSE) who was entrusted for smooth management of the question paper for the exam “Special Odisha Teacher Eligibility Test, 2025” (in short “OTET”, 2025), but the petitioner JitanMoharana, a temporary Data Entry Operator in active assistance with another Data Entry Operator namely Lopamudra Ray by taking advantage of the confidence of the
Bail may be granted even in serious allegations pending trial, emphasizing that pre-trial detention requires proof of guilt not merely allegations.
The court emphasized that bail is contingent upon the gravity of the offense, potential for evidence tampering, and public interest, especially in organized crime cases.
The integrity of examinations must be maintained, and custodial interrogation is justified when serious allegations of question paper leakage arise.
The court emphasized the necessity of corroborative evidence in cases of examination fraud, reinforcing that bail is the rule and jail is the exception.
The court deemed the release of the petitioner on bail appropriate due to prolonged custody and extensive trial delays, reinforcing conditions to prevent witness tampering and ensuring cooperation in....
The court established that under the Prevention of Money Laundering Act, the conditions for granting bail can be relaxed in light of prolonged custody and the absence of a quick trial, provided that ....
The main legal point established is that the recovery of leaked examination materials and the progress of judicial proceedings are crucial factors in determining the guilt and bail eligibility of the....
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