The Supreme Court has granted interim bail to Manish Agarwal, an IAS officer and former Collector of Malkangiri, Odisha, who is accused in connection with the death of his Personal Assistant (PA) in 2019. The top court directed him to surrender before the trial court and furnish bail bonds to the court’s satisfaction, after which he will be released on interim bail.
This decision came from a bench of Justice Surya Kant and Justice Dipankar Datta. It followed the Orissa High Court’s rejection of anticipatory bail for Manish Agarwal and some staff members on April 28.
The case dates back to December 27, 2019, when Deba Narayan Panda, who was serving as the PA to the then Collector Manish Agarwal, went missing during duty. The next day, his body was found at Satiguda dam site. The post-mortem conducted by a team of doctors revealed ante-mortem drowning as the cause of death, with no signs of injury or violence.
Later, on November 13, 2020, the deceased's wife filed a complaint in the Court of SDJM, Malkangiri, alleging that her husband had visited the Collector’s residence on the morning of his disappearance and never returned. She accused the then Collector of being responsible for her husband’s death. The SDJM forwarded her complaint to the police, who after investigation filed a closure report citing no foul play.
However, the complainant challenged this report, alleging improper investigation and concealment of facts. Based on her statements and other materials, the SDJM took cognizance of the case and asked the complainant to present witnesses. Four witnesses were examined, and subsequently, the SDJM issued summons for the accused, including the ex-Collector, in January 2023.
The accused then approached the High Court to quash the SDJM's order. The High Court, while hearing the quashing petition, noted that the complainant’s main allegation was regarding an incident where the ex-Collector had inquired about financial contributions from various people and projects.
Justice Sashikanta Mishra of the High Court observed that neither medical evidence nor witness statements indicated a homicidal death. However, the court found enough material to proceed under Sections 306 (abetment of suicide), 120-B (criminal conspiracy), and 34 (common intention) IPC, while dropping charges under Sections 302 and 506 IPC.
The ex-Collector challenged this decision in a special leave petition (SLP) before the Supreme Court. Earlier, in November 2024, a Division Bench of Justice MM Sundresh and Justice Aravind Kumar had refused to interfere, allowing the trial for abetment to suicide to proceed.
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Additionally, the SDJM had issued a non-bailable warrant (NBW) against the accused, requiring his personal appearance and proof of identity. When the accused sought to appear through an advocate under Section 205 CrPC, the High Court granted a temporary stay on the NBW pending further hearing.
After the High Court rejected his anticipatory bail plea, Manish Agarwal approached the Supreme Court, which has now granted him interim bail upon surrender before the trial court.
“The accused shall surrender before the trial court and furnish bail bonds to its satisfaction, upon which he shall be released on interim bail,” the Supreme Court stated.
Case Details: MANISH AGARWAL v. THE STATE OF ORISSA & ANR.|Special Leave to Appeal (Crl.) No(s).7877/2025
Appearances: Mr. Narender Hooda, Sr. Adv.; Mr. Balbir Singh, Sr. Adv.; Mr. Arun Khatri, Adv.; Mr. Prateek Som, Adv.; Mr. Punit Vinay, AOR; Mr. Sahil Khurana, Adv.; Mrs. Anjana Gupta, Adv.; Mr. Ambrish Gupta, Adv.
