Ajaya Kumar Lenka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2677 of 2022 Ajaya Kumar Lenka ....

Petitioner Mr.S.N. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.04.2022 02.

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 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Puri Town P.S. Case No.51 of 2022 corresponding to G.R. Case No.391 of 2022 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 406/409/ 294/34 of the Indian Penal Code.

Learned counsel for the State has produced the instruction received from the Inspector in-charge of Town police station, Puri wherein it is mentioned as follows:-

// 2 // "with reference to the message and subject cited above, I have the honour to report that as per the direction the petitioner Ajay Kumar Lenka had appeared before the I.O. on 13.04.2022 for interrogation and duly co-operated the I.O. in investigation of the case. During course of investigation it came to light that during the occurrence the petitioner Ajay Kumar Lenka was the Area Manager of Mannapuram Asset Finance Limited and the Puri Branch is coming under him. There is no specific role of the petitioner in this case but as the petitioner is the Area Manager of the company he has liability in the missing of gold ornaments mortgaged by the complainant at Puri Branch. However, the investigation of the case is under progress. The petitioner is co-operating with the IO in investigation as and when required. Verified the C/A of the petitioner from available crime records but found nothing adverse against him except this case."

Considering the submission made by the learned counsel for the petitioner that the offences are triable by Magistrate and since the petitioner has cooperated with investigation and the fact that the petitioner has been granted interim protection since 05.04.2022 and there is no material that he has misutilized his liberty, the interim order dated 05.04.2022 is made absolute subject to condition that the petitioner shall continue to cooperate with investigation and appear before the

// 3 // investigating officer as and when required.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P