ASWINI KUMAR PATRA Vs. REPUBLIC OF INDIA (CBI)

JUDGEMENT

(1.) This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with FIR No.RC-09(A)/2019 BBS (RC0152019 A0009) registered at PS CBI/SPE/ACB, Bhubaneswar corresponding to TR Case No.07 of 2021 pending in the Court of learned Special Judge, CBI-1, Bhubaneswar for commission of offences punishable U/Ss. 120-B/409/420/ 471 of IPC and Sec.13(2) r/w Sec.13(1)(d) of Prevention of Corruption Act, 1988 together with its Amendment Act of 2018 (In short "the Act").

(2.) The allegation against the petitioner in this case arises out of an FIR lodged by one Roop Lal Meena, Deputy General Manager, Union Bank of India, who in his FIR dtd. 1/7/2019 has alleged that the present petitioner and other bank officials, along with private builders and borrowers had entered into a conspiracy in the year 2017 and the present petitioner and other bank officials by abusing their official position, sanctioned housing loan in favour of the borrowers/builders by accepting forged and fictitious documents as valuable security and in the process caused huge loss to the bank to the tune of 2.33 Crores approximately and accordingly RC No.09(A)/2019-BBS (RC0152019A0009) dtd. 1/7/2019 was registered against the petitioner and others for commission of offence punishable U/S.120-B/409/420/471 of IPC r/w Sec.13(2) r/w Sec.13(1)(d) of the Act and after due investigation, the CBI submitted charge-sheet in the case, but the petitioner was taken into custody on 30. 01.2020.

(3.) Heard, Mr. S Debabrata Reddy, learned counsel for the petitioner and Mr. Sarthak Nayak, learned counsel for Republic of India (CBI) in the matter and perused the record. Mr. Sarthak Nayak, without disputing about the fact of release of Uma Shankar Patro on bail, however, submits that since there is no change in circumstances in approaching this Court after refusal of bail to the petitioner, the present bail application cannot be considered on merit, more particularly when there is serious allegation against the petitioner for accepting forged and fake documents to grant loan to the co-accused persons.