Research › Search › Judgment

Orissa High Court · body

2016 DIGILAW 464 (ORI)

AJIT KUMAR DAS v. REPUBLIC OF INDIA

2016-06-27

S.K.MISHRA

body2016
JUDGMENT : S.K. Mishra, J. - This is an application under Section 438, Cr. P.C., wherein the petitioner, being accused in CBI/SPE Bhubaneswar P.S. Case No. 0152015A0011 of 2015 for the commission of offence under Sections 120-B, 420, 468 & 471 of the IPC read with Section 13(2) and 13(1)(d) of the P.C. Act of the Court of Special Judge-I, CBI, Bhubaneswar has applied for anticipatory bail. 2. Written complaint was received from the Senior Vigilance Officer (P), O/o. the Senior Deputy General Manager, Vigilance Department, East Coast Railways, Chandrasekharpur alleging inter alia that the petitioner got himself appointed in the East Coast Railways under compassionate appointment by producing fake certificate. The above complaint reveals that the Vigilance Department of the said East Coast Railways has conducted investigation on the matter and during investigation it appears to be fake appointment. 3. One Bishnu Charan Das was an employee of the East Coast Railways. The present petitioner applied for appointment on Rehabilitation Assistance Scheme and he was appointed as Khalasi on 05.07.2005 in S & T Department, East Coast Railway, Khurda with the active assistance of some of the other employees of the Department. 4. In course of hearing, the learned counsel for the petitioner submits that enquiry has been made at the instance of cousin of the petitioner. It is further claimed that the petitioner is the only son of late Bishnu Charan Das and late Swarnalata Das. There is litigation between the petitioner and his relation/co-sharers for partition of the ancestral property and in order to deprive the petitioner and his father's share in ancestral property and in order to deprive the petitioner and his father's share in ancestral property, one Narayan Das has taken a plea that the petitioner is not the natural son of his father and made complaint before the authority of the East Coast Railways. The authority of the East Coast Railways conducted enquiry on the back of the petitioner and registered the FIR. The petitioner alleges that he has produced educational certificate from Panchayat High School, Cuttack for securing service in the Railways. The legal heir certificate issued by the Tahsildar also indicates that the petitioner is the son of late Bishnu Charan Das. 5. Keeping in view the aforesaid consideration and the fact that the petitioner is a permanent resident of Saleswar, P.S. Balianta, Dist. The legal heir certificate issued by the Tahsildar also indicates that the petitioner is the son of late Bishnu Charan Das. 5. Keeping in view the aforesaid consideration and the fact that the petitioner is a permanent resident of Saleswar, P.S. Balianta, Dist. Khurda and an employee of the East Coast Railways, which precludes any chance of his absconding from justice, this Court is of the opinion that anticipatory bail should be granted to the petitioner, especially when his custodial interrogation is not necessary in the case. 6. In the result, the ABLAPL is allowed. In the event of his arrest in the aforesaid case, the petitioner shall be released on bail by the arresting officer on such terms and conditions as deemed just and proper by him. It is further directed that the petitioner shall appear and remain present before the Investigating Officer as and when required by him and shall produce all relevant documents for investigation of the case. 7. The ABLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. Final Result : Allowed