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Orissa High CourtABLAPL/6962/2022disposed off

Lili Kumari Khatua v. State Of Odisha

2022-08-23Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6962 of 2022 Lili Kumari Khatua & another ....

Petitioners Mr.Neelakantha Panda,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

23.08.2022 03.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Government Advocate. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners induced the informant to pay money so that they can get Gas sub-Agency. Accordingly, the informant paid a sum of Rs.15,00,000/- to four accused persons, out of which Rs.1,06,000/- has been transferred to Petitioner Nos. 1 an 2. Learned counsel for the Petitioner on instruction submits that the Petitioners are ready and willing to return the money.

// 2 // 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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Bhubaneswar in G.R.Case No.5943 of 2019 arising out of Air Field P.S.Case No.222 of 2019 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate and subject to returning of Rs.1,06,000/- to the informant. It is also directed that the Petitioners while on bail shall cooperate with the investigation and shall appear before the I.O. as and when required. 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