Suchismita Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1913 of 2021 Suchismita Jena ....

Petitioner Mr. R.K. Acharya, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

09.02.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical 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 Capital P.S. Case No.460 of 2013 corresponding to C.T. Case No.4829 of 2013 pending in the court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 408, 420, 468, 471/34 of the Indian Penal Code.

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

Learned counsel for the petitioner submitted that the F.I.R. was lodged against one Antaryami

// 2 // Sahu and during the course of investigation, the husband of the petitioner was taken into custody and he has been released on bail. Learned counsel further submitted that the petitioner is a lady and there is no such clinching material to attract the ingredients of the offences against her under which the case is now proceeding. He further submitted that the petitioner is ready and willing to cooperate with the investigation and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State has not disputed that the husband of the petitioner after arrest has been released on bail, but he submitted that some amount has been transferred to the account of the petitioner and thus, the interrogation of the petitioner is very much necessary.

Considering the submission of the learned counsel for the respective parties and further taking into account the fact that the offences are triable by Magistrate and keeping in view the proviso to section 437(1) of Cr.P.C. and the fact that the offences are triable by Magistrate and on hearing the learned counsel for the State, 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

// 3 // each for the like amount to the satisfaction of the arresting officer with further conditions that she shall appear before the I.O. as and when necessary on receipt of the written notice and she shall cooperate with the investigation and shall not try to tamper with the evidence.

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

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo