Meghamala Pattnaik v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.581 of 2022 Meghamala Pattnaik ....

Petitioner Mr.Jagabandhu Sahu, Advocate -versusState of Odisha(Vig.) ....

Opp. Party Mrs.Jyotsnarani Tripathy, Addl. Standing Counsel (Vig.)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.02.2022 01.

This matter is taken up through video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the Vigilance Department. This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Sambalpur Vigilance P.S. Case No.20 of 2021 corresponding to V.G.R. Case No.14 of 2021 pending in the Court of learned Special Judge, Vigilance, Bolangir for alleged commission of offences under section 13(2) read with section 13(1)(b) and section 12 of the P.C. (Amendment) Act, 2018. Learned counsel for the petitioner submitted that the petitioner is the wife of the public servant, namely, Rabindra Kumar Mohanty, who was Senior

// 2 // Revenue Assistant -cum- Cashier of Puintala Block in the district of Bolangir and her husband has already been arrested and released on bail. Learned counsel further submitted that so far as the petitioner is concerned, she is working as an Assistant Teacher in Tentulikunti Government Nodal Primary School and there is no such material available on record against the petitioner to constitute the ingredients of the offences alleged and keeping in view the proviso to section 437(1) of Cr.P.C., the anticipatory bail application may be favourably considered.

Learned counsel for the Vigilance Department on instruction submitted that no custodial interrogation of the petitioner is necessary, but the petitioner has to cooperate with the investigation of the case. Learned counsel for the petitioner submits that the petitioner is ready and willing to appear before the I.O. as and when required and she will cooperate with the investigation.

Considering the submission of the learned counsel for the respective parties, the nature of accusation against the petitioner, release of the coaccused on bail and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of

// 3 // Rs.10,000/-(Rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available before the I.O. as and when required and to that effect, notice in writing be served on her in advance. If the petitioner fails to appear before the I.O. on the date fixed or fails to cooperate with the investigation, this order shall be ineffective. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo