Sima @ Seema Khuntia v. State Of Odisha(G.A. Department)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6210 of 2022 Sima @ Seema Khuntia ....

Petitioner Mr.S. Panigrahi,Advocate -versusState of Odisha (Vig.) ....

Opp. Party Mr.M.S. Rizvi, Addl. Standing Counsel(Vig.)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

28.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned Addl. Standing Counsel for the Vigilance Department.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Sambalpur Vigilance P.S. Case No. 44 of 2021 corresponding to VGR Case No. 31 of 2021 pending in the Court of learned Special Judge, Vigilance, Sambalpur for the commission of the alleged offences punishable under sections 13(2) read with section 13(1)(b) and section 12 of Prevention of Corruption (Amendment) Act.

Mr. M.S. Rizvi, learned Addl. Standing Counsel

// 2 // for the Vigilance Department submitted that the husband of the petitioner, namely, Achyutananda Khuntia is a public servant, who was working as PEO, Jhankarpali Gram Panchayat and he was arrested during the course of investigation and in the meantime, he has been released on bail. It is further submitted by Mr. Rizvi that the petitioner appeared before the Investigating Officer and cooperated with the investigation and her custodial interrogation is not necessary, but she has to cooperate with the investigation.

Learned counsel for the petitioner submits that the petitioner is ready and willing to cooperate with the investigation.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the fact that the co-accused has already been released on bail and since the petitioner is a lady, keeping in view the proviso to section 437(1) of Cr.P.C., 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

// 3 // available for interrogation by the I.O. as and when required and for that purpose a notice in writing shall be served on her in advance 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 any facts to the Courts or to the Investigating Officer. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

A free copy of this order shall be handed over to the learned counsel for the Vigilance Department. ( S.K. Sahoo) Judge P