Namita v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8245 of 2022 Namita ....

Petitioners Mr. D.P. Dhal, Sr. Advocate -versusState of Odisha (Vig.) ....

Opposite Party Mr. M.S. Rizvi, S.C. (Vigilance)

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

27.07.2022 Order No.

01.

1.

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

2.

Heard Mr. D.P. Dhal, learned Senior Counsel for the Petitioner and Mr. M.S. Rizvi, learned Standing Counsel for the Vigilance Department.

3.

It is submitted by Mr. Dhal, learned Senior Counsel that the Petitioner is the wife of the principal accused Janardan Palai, against whom there is allegation of committing offence under Sections 13(2) read with 13(1)(b) of Prevention of Corruption (Amendment) Act, 2018. He further submits that, so far as the present Petitioner is concerned, she has no role in the alleged crime. The entire allegation is against the husband of the Petitioner, who was working in the Civil Supply Office, Balasore.

4.

Mr. M.S. Rizvi, learned Standing Counsel appearing for the Vigilance Department submits that some implication of the Petitioner may not be necessary, but however she should be directed to

// 2 // cooperate in the investigation and particularly opening of Locker No.14 kept in the United Bank of India, Balasore Branch, Balasore (now Punjab National Bank, Balasore Branch).

5.

Considering the aforesaid submissions, nature of allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders before the learned Special Judge, Vigilance, Balasore in VGR Case No.08 of 2022 corresponding to Balasore Vigilance P.S. Case No.16 of 2022 within a period of three weeks from today, she shall be released on bail on such terms and conditions as the learned Special Judge may deem just and proper in the facts and circumstances of the case. However, this bail order is subject to the further conditions that the Petitioner shall cooperate with the investigation and shall appear in person before the Investigating Officer as and when required. Further, she shall also cooperate with the investigating agency with regard to opening of the above noted Locker in question. 6.

The ABLAPL is disposed of accordingly.

7.

A free copy of this order be granted to the learned Standing Counsel (Vigilance) for taking necessary steps. 8.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida