Bail granted to eight accused, citing detention period and trial delays; emphasizes bail as the rule and jail as the exception.
In a significant development, the Orissa High Court has granted bail to eight individuals accused in the Special Odisha Teacher Eligibility Test (OTET) 2025 question paper leak case. The bail applications were considered under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the court's decision underscores the legal principle that "bail is the rule, jail is the exception."
The accused, including Dr. Nihar Ranjan Mohanty, Vice President of the Board of Secondary Education (BSE), and several data entry operators, were implicated in a criminal conspiracy that led to the leak of the Special OTET 2025 question papers. The leak prompted authorities to cancel the examination, affecting numerous meritorious candidates and causing financial losses to the state.
Justice G. Satapathy, presiding over the case, noted that the accused had already been detained for around seven months. With the trial unlikely to conclude soon due to the large number of witnesses yet to be examined, the court emphasized the importance of personal liberty, as enshrined in Section 480(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023. This provision mandates bail for individuals detained for more than sixty days without trial conclusion unless the magistrate records reasons to the contrary.
The court further noted that all charges against the accused carried a maximum punishment of seven years and were triable by a magistrate. Acknowledging the ongoing trial, the court ordered the release of each petitioner on a bail bond of Rs. 1,00,000 with two solvent sureties, subject to conditions including regular court attendance and restrictions on leaving the country.
Additionally, the court directed the BSE, Odisha, not to assign any confidential duties to Dr. Nihar Ranjan Mohanty and other employees involved in the case.
The bail applications were filed by various legal counsels, including Mr. Dhirendra Kumar Das and Mr. Bibhu Prasad Tripathy, representing the petitioners. The case, which has attracted significant public attention, highlights the judiciary's balancing act between ensuring justice and protecting individual liberties.
Bottom Line:
Bail application under Bharatiya Nagarik Suraksha Sanhita, 2023 considered for accused involved in question paper leakage of Special Odisha Teacher Eligibility Test, 2025. Bail granted with conditions, emphasizing the principle that bail is the rule, jail is the exception, unless the offence is extremely serious or heinous.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 479, 480(6), 483; Orissa Conduct of Examination Act; Public Examination Act.
Ramjee Prasad Gupta v. State of Odisha, (Orissa) : Law Finder Doc id # 2862744
