Citation : 2026 Latest Caselaw 4083 Ori
Judgement Date : 1 May, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2896 of 2026
Prasanna Kumar .... Petitioner
Samantaray @
Prasanna Kumar
Samantray
Mr. B. R. Mohanty, Advocate
-versus-
State of Odisha (Vig.) .... Opposite Party
Mr. S. K. Das, SC
CORAM: JUSTICE V. NARASINGH
ORDER
01.05.2026 Order No.
01. 1. Heard learned counsel for the Petitioner and learned counsel for the State(Vig.).
2. The Petitioner is an accused in connection with V.G.R Case No. 09/2026, pending before the Court of the learned Special Judge, Vigilance, Cuttack, arising out of Cuttack Vigilance P.S. Case No. 12/2026 for alleged commission of offences under Sections 13(2) read with 13(1)(b) and Section 12 of the Prevention of Corruption Act, 1988 as amended by P.C. (Amendment Act) 2018 and Section 3(5) of BNS, 2023.
3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Special Judge, Vigilance, Cuttack by order dated 19.03.2026 in the aforementioned case, the present BLAPL has been filed.
5. The Petitioner is in custody since 12.03.2026 for alleged commission of offence under Section 13(2) read with 13(1)(b) and Section 12 of the Prevention of Corruption Act, 1988 and according to the prosecution, the D.A. is around 80%.
6. It is submitted by the learned Senior Counsel that taking into account the nature of allegation and the Petitioner having been taken on remand, his further continuance in custody is not warranted.
7. It is his further submission that since the Petitioner has his home and hearth within the jurisdiction of the Court, there is no chance of his absconding. Hence, he may be released on bail.
8. Learned Standing Counsel, Mr. Sanjay Kumar Das, opposes the prayer and submits that the investigation is at a crucial stage and directing the Petitioner to be released at this crucial bend will
derail the ongoing investigation and looking at his stature since there is every chance of influencing witnesses, he ought not to be released on bail by this Court.
9. Considering the rival submissions, taking into account the period of custody and that the Petitioner was taken on remand, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that he shall not leave the State of Odisha without specific permission from the court and shall appear before the I.O. as and when summoned.
10. Liberty is granted to the prosecution to seek variance of this order, if there is any violation.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. Narasingh) Judge
Sumitra
Location: HIgh Court of Orissa, Cuttack
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