Bail considerations focus on the absence of need for custodial interrogation and the necessity of securing attendance during trial.

ORDER

Order No. 30.05.2025

02. 1. This matter is taken up through hybrid mode.

2. This bail application under Section 439 of the Cr.P.C. read with Section 483 of the BNS of the petitioner has arisen out of G.R. Case No.426 of 2024 corresponding to Mangalabag P.S. Case No.162 of 2024, pending in the Court of learned J.M.F.C. (City), Cuttack.

3. I have already heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.

4. The petitioner has been charge-sheeted under Sections 409/420 of IPC on the allegation of commission of criminal breach of trust as well as cheating Rs.29 lakhs of the Government money, while he was serving as a Deputy Director of Fisheries in the office of the Director of the Directorate of Fisheries, Odisha, Cuttack as well as DDO of the said Directorate by transferring such amount, i.e., Rs.29 lakhs from the government account to his own account.

5. The petitioner is in jail custody since 04.07.2024 having been implicated under Sections 409/420 of IPC, 1860.

6. During course of hearing, the learned counsel for the petitioner submitted that, the petitioner is voluntarily interested to deposit Rs.5 lakhs as a security for his release on bail.

7. When the petitioner is in jail custody since 04.07.2024 and when, the investigation of the case has already been completed due to submission of charge sheet on dated 30.10.2024 under Section 409/420 of IPC against him and when the presence of the petitioner before the investigating officer for the purpose of any further investigation is no more required due to completion of investigation for the submission of charge sheet and when the investigating officer has not come forward stating any requirement of the petitioner for his further custodial interrogation and when all the allegations alleged against the petitioner are based on documentary evidence, to which, during investigation the I.O. might have accessed and when there is no material in the record to show that, he (petitioner) has avoided to cooperate investigation after his arrest and when the main object/purpose of bail is to secure the attendance of the accused during trial and when the petitioner is a government officer and he is in service and when there is no material on record on behalf of the prosecution to show that the presence of the petitioner during trial cannot be secured and when, the petitioner is voluntarily interested to deposit of Rs.5 Lakhs as security for releasing him on bail, then at this juncture by applying the principles of law relating to bail enunciated in the like nature of cases enunciated by the Apex Court reported in2011 (4) Crimes-323 (S.C.) : Sanjay Chandra vrs. C.B.I. and2024 (4) Crimes-41 (S.C.) vrs. V.Senthil Balaji vrs. The Deputy Director, Directorate of Enforcement , it is felt proper to allow the petitioner to go on bail with stringent conditions looking to the interest of the prosecution, when there is no certainty or possibility of completion of the trial of the case against the petitioner within a reasonable period. Therefore, the bail application filed by the petitioner is allowed.

8. He (petitioner) is allowed to go on bail on furnishing bail bond 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 over the matter with conditions that:-

(i) he (petitioner) shall not involve with similar nature of crime in future.

(ii) he (petitioner) shall furnish cash security to the tune of Rs.5 lakhs (Rupees five Lakh only) in the shape of S.T.D.R. obtained from any nationalized bank initially for a period of 06 months, renewable from time to time till final disposal of the case with an undertaking by the petitioner that, the payment of matured amount as against the S.T.D.R. shall be subject to any order passed under Section 395 of BNS corresponding to Section 357 of Cr.P.C. by the le