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Orissa High CourtABLAPL/1296/2022allowed

Rasmirekha Mohanty v. State Of Odisha

2022-02-15Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1296 of 2022 Rasmirekha Mohanty ....

Petitioner Mr. A.K. Mohapatra-1, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel Mr. B.P. Pradhan, Advocate for the informant

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

15.02.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the learned counsel for the petitioner, learned counsel for the informant 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 G.R. Case No.84 of 2022 arising out of Berhampur Town P.S. Case No.09 of 2022 pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 419/420/423/465/466/467/471/ 474/120-B of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Considering the submissions made by the learned

// 2 // counsel for the petitioner that the petitioner has not been named in the F.I.R. and she has been falsely entangled in the case as she is the wife of the witness to the fake sale deed and there is no criminal antecedent against her and keeping in view the proviso to section 437(1) Cr.P.C. and on hearing the learned counsel for the State as well as informant, 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 such facts to the Court or to the Investigating Officer.

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

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM