Reena Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.860 of 2022 Reena Dash ....

Petitioner Mr.D.K. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.02.2022 01.

This matter is taken up through video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Sundargarh Sadar P.S. Case No.17 of 2022 corresponding to G.R. Case No.108 of 2022 pending in the Court of learned S.D.J.M., Sundargarh for alleged commission of offences under sections 465, 468, 471 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner, who is a lady, joined as Sikhya Sahayak in the year 2005 and her services were

// 2 // regularized as Assistant Teacher in the year 2011. Learned counsel further submitted that the petitioner was continuing as Assistant Teacher in Government High School, Karamdihi (Elementary Unit). It is further submitted that the prosecution allegation is that the B.Ed. certificate of Annamalai University, Andhra Pradesh produced by the petitioner, was found to be a forged one and she has already been placed under suspension and show cause notice was issued to her. Learned counsel further submitted that prior to the date of filing of the show cause, the present case has been instituted and the petitioner had got no opportunity to have her say before the authority pursuant to the show cause notice. It is further contended that the documents submitted at the time of appointment are genuine and had she been given the opportunity, she could have explained the things and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and after going through the documents annexed to the application and the fact that the offences are triable by Magistrate

// 3 // 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 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 for interrogation by the I.O. as and when required and she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022. ( S.K. Sahoo) Judge PKSahoo