Satrughana Behera v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5730 of 2022 Satrughana Behera ....

Petitioner Mr. G.R.Sethi ,Advocate -versusState of Odisha(Vig.) ....

Opp. Party Mr.M.S.Rizvi, Standing Counsel for Vigilance.

Mr.Partha Sarathi Nayak, Advocate for informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.08.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner that the allegation made in the F.I.R. is totally false and fabricated. It is submitted by the learned counsel for the Petitioner that the Petitioner is an innocent person having no nexus with the alleged offence and on perusal of the F.I.R. story as well as the materials placed on record, no prima facie case is made out against the Petitioner. The

// 2 // Petitioner has no similar nature of criminal antecedent to his credit. 5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned Special Judge, Vigilance, Cuttack in VGR Case No.21 of 2022 arising out of Vigilance P.S.Case No.32 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further condition that while on bail the Petitioner shall not cooperate with the investigation and appear before the I.O. as and when required for the purpose of investigation till completion of investigation and after completion of investigation shall appear before the trial court on each and every date fixed. Violation of condition shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS