Pravati Sahoo v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1177 of 2022 Pravati Sahoo ....

Petitioner Mr. D.K. Naik, Advocate -versusState of Odisha (Vig.) ....

Opp. Party Mr. Jyotsnarani Tripathy Addl. Standing Counsel (Vigilance)

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

08.02.2022 01.

This matter is taken up through Video Conferencing Mode.

Heard learned counsel appearing for the petitioner and Miss Jyotsnarani Tripathy, learned Additional Standing Counsel for the Vigilance Department.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Rourkela Vigilance P.S. Case No.02 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Special Vigilance Court, Sundargarh for alleged commission of offences under sections 13(2) read with section 13(1)(b)/12 of the P.C. Act.

// 2 // Learned counsel for the petitioner submitted that the petitioner is the wife of the public servant, namely, Sri Parikshita Sahoo, who was the Managing Director, Kukuda LAMPCS, Rajgangpur in the district of Sundargarh and she has been falsely entangled in the case and the ingredients of offences under which the case has been registered are not attracted and keeping in view the proviso to section 437(1) of Cr.P.C., the anticipatory bail application of the petitioner may be favourably considered.

Mrs.

Tripathy, learned Additional Standing Counsel for the Vigilance Department on instruction submitted that the custodial interrogation of the petitioner is not necessary but her interrogation is necessary.

Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since the petitioner is a lady 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 the

// 3 // petitioner shall appear before the Investigating Officer on 14.02.2022 and she shall cooperate with the investigation and further appear before the Investigating Officer as and when required but to that effect, written intimation shall given to the petitioner. The petitioner shall not try to tamper with the evidence. If the petitioner fails to appear on the date fixed or does not cooperate with the investigation or tampers with the evidence, the prosecuting agency is at liberty to seek appropriate remedy for cancellation of the anticipatory bail order of the petitioner. The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

p ( S.K. Sahoo) Judge