Barun Das vs State Of Odisha (Vig.) .... Opposite ...
2025 Latest Caselaw 4947 Ori

Orissa High Court

Barun Das vs State Of Odisha (Vig.) .... Opposite ... on 12 March, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                          ABLAPL No.2480 of 2025
             Barun Das                   ....          Petitioner
                                          Mr. D. Mund, Advocate

                                  -versus-

             State of Odisha (Vig.)      ....      Opposite Party

                                Mr. M.S. Rizvi, Standing Counsel
                                                      (Vigilance)

                       CORAM: JUSTICE V. NARASINGH
                                     ORDER

12.03.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the Vigilance.

2. The Petitioner is seeking pre-arrest bail in connection with G.R (V) Case No.02 of 2025 pending in the Court of learned Special Judge (Vigilance), Bhawanipatna, arising out of Koraput (Vigilance) P.S Case No.04 of 2025 for commission of offence punishable under Sections 13(2) read with Section 13(1)(a) of the P.C (Amendment) Act read with Section 316(5)/61 of BNS.

3. It is submitted by the learned counsel that the entire allegation is based on documentary evidence and the materials on record are readily available in the office of the Gram Panchayat and since accused

no.3 and another are in custody, custodial interrogation of the Petitioner is not warranted.

4. Learned counsel for the Vigilance opposes such submission and on instruction it is submitted that the Petitioner along with the accused, who are taken into custody, are the custodian of the funds of Rs.7,20,981/- which was sent to his account as a PEO as a part of the Central and State Finance Commission allotment. Said funds were for repairing and maintenance works of street lights, construction of village mini rural park, installation of high mast lights and door to door waste collection and other developmental works.

5. On preliminary inquiry it has been found that the work has not at all been done and false bills on the said count have been raised and the amount was transferred to the private account of the Petitioner.

6. Taking note of the respective submissions of the learned counsel for the parties and considering the allegation of defalcation of public funds and keeping in view the judgment of the Apex Court in the case of Devinder Kumar Bansal vrs. State of Punjab, 2025 SCC OnLine SC 488, this Court is not inclined to entertain the prayer for pre-arrest bail.

7. Accordingly, ABLAPL stands rejected.

Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Mar-2025 17:24:19 (V. NARASINGH) Judge PKS