Orissa High Court
Anil Kumar Nayak v. State of Odisha(Vig.)
ABLAPL/6808/2026
- Decision date
- 2026-07-09
- Text availability
- Full text
- Judges
- R. K. Pattanaik
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5894 of 2026 Ajay Kumar Rout …. Petitioner Mr. S.K. Lenka, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr.M. S. Rizvi, ASC Vigilance ABLAPL No. 5972 of 2026 Debi Prasad Panda …. Petitioner Mr. S. K. Samal, Advocate -Versus- State of Odisha (represented …. Opposite Party through Director of Vigilance Dept., Cuttack) Mr. M. S. Rizvi, ASC Vigilance ABLAPL No. 6088 of 2026 Bhagyalaxmi Panda …. Petitioner Mr. D. Panda, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance ABLAPL No. 6374 of 2026 Rajesh Kumar Padhi …. Petitioner Mr. B. Mohapatra, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance Page 1 of 6 ABLAPL No. 6808 of 2026 Anil Kumar Nayak …. Petitioner Mr. Sk. Zafarulla, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance ABLAPL No. 6862 of 2026 Amulya Kumar Panda …. Petitioner Mr. L. Pradhan, Advocate -Versus- State of Odisha (Vigilance Dept.) …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance ABLAPL No. 7281 of 2026 Prakash Kumar Mohapatra …. Petitioner Mr. S. S. Sahu, Advocate -Versus- State of Odisha …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance ABLAPL No. 7356 of 2026 Prasanjeet Padihari …. Petitioner Mr. S. Panda, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance Page 2 of 6
ABLAPL No. 7556 of 2026 Sanjay Kumar Behera …. Petitioner Mr. A. C. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance And ABLAPL No. 7928 of 2026 Umesh Chandra Behera …. Petitioner Mr. B. S. Dasparida, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M. S. Rizvi, ASC Vigilance CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 09.07.2026Order No. 02. 1. All the ABLAPLs are taken up together for orders. 2. Heard learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Cuttack Vigilance P.S. Case No.03 of 2026 corresponding to VGR No.4 of 2026 pending in the file of learned Special Judge (Vigilance), Balasore on the grounds stated therein. 4. Perused the FIR as at Annexure-1 (in all the cases). It is submitted to the Court by learned counsels for the petitioners Page 3 of 6
that the principal accused is responsible for the alleged incident and not the petitioners. it is also submitted that the said accused who committed fraud and syphoned the money is in custody. Since the petitioners are private persons and allegedly money was transferred to their accounts, learned counsels for the petitioners would submit that they should be allowed to go on bail with any conditions. Mr. Rizvi, learned ASC for the Vigilance Department submits that an amount of Rs.8 crore and some odd has been syphoned off and good amounts have been transferred to the accounts of the accused. The details of the transfers to the accounts of the petitioners are brought to the notice of this Court by Mr. Rizvi, learned ASC. This Court, upon perusal of the details of the transactions and the transfer of money to the accounts of the petitioners and recording the submissions of learned counsels appearing for them is not inclined to entertain their bail plea except the petitioner in ABLAPL No.6088 of 2026 whose release shall have to be complying the conditions fixed.
5. In fact, in course of hearing, Mr. Rizvi, learned ASC for the Vigilance Department refers to following decisions, such as, Serious Fraud Investigation Office Vrs. Aditya Sarda in SLP (Criminal) No.13956 of 2023 dated 9th April, 2025 and State Rep. by the C.B.I. Vrs. Anil Sharma dated 3rd September, 1997 of the Apex Court and submits that in case of fraud and illegal transfer of money, anticipatory bail should not be granted since the custodial interrogation of the petitioners is Page 4 of 6 necessary. Mr. Panda, learned counsel for the petitioner in ABLAPL No.6088 of 2026 submits that the petitioner is a lady and her account is a joint one with her husband, who is in custody. Recorded the submission of Mr. Zafarulla, learned counsel for the petitioner in ABLAPL No.6808 of 2026 with the claim that there has been business account and therefore, he should be treated differently. 6. Considering the nature of allegations and transfer of money by the principal accused to the accounts of the petitioners and in view of the decisions (supra), this Court is in agreement with Mr. Rizvi, learned ASC for the Vigilance Department and is to reiterate that pre-arrest bail should not be granted to them including the petitioner in ABLAPL No.6808 of 2026 except vis-à-vis the accused in ABLAPL No.6088 of 2026, however, subject to verification of the amount received in her account whether jointly owned with her accused husband. 7. Accordingly, it is ordered.
8. In the result, ABLAPLs are disposed of. It is directed that in the event, the petitioner in ABLAPL No.6088 of 2026 surrenders before the learned Special Judge (Vigilance), Balasore within a fortnight from today in connection with Cuttack Vigilance P.S. Case No.03 of 2026 corresponding to VGR No.4 of 2026, she shall be released on bail subject to her furnishing a bail bond of Rs.40,000/- (Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of Page 5 of 6 the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case and upon confirmation regarding the account owned jointly besides the following, such as, to cooperate the I.O. in the investigation as and when necessary and to attend the P.S. concerned for the said purpose without default. As regards the other petitioners, this Court is inclined to grant them the liberty to surrender before the learned court below seeking regular bail and as a necessary, their bail plea with the ABLAPLs filed by them stand dismissed. 9. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 13-Jul-2026 18:39:18 Page 6 of 6