Sucharita Lenka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5975 of 2022 Sucharita Lenka ....

Petitioner Mr.S.Bahadur, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.06.2022 01.

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 Khamar P.S. Case No.97 of 2022 pending in the Court of learned S.D.J.M., Pallahara for alleged commission of offences under sections 498-A/ 294/506 of the Indian Penal Code.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that the petitioner has not been named in the F.I.R. as an accused and

// 2 // the F.I.R. was lodged only against Ajaya Kumar Sahoo, the husband of the informant Sangita Sahoo and at a subsequent stage, the petitioner, who is a practicing Advocate of this Court has been falsely implicated in the case on that ground that she is having illicit relationship with the husband of the informant and the offences are triable by Magistrate and after going through the identity card of the petitioner as a practicing Advocate issued by the High Court Bar Association and the petitioner is a lady, keeping in view the proviso to section 437(1) Cr.P.C.

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 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

// 3 // 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