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Orissa High CourtABLAPL/8647/2022disposed off

Namita Dehury v. State Of Odisha (Vig.)

2022-07-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8647 of 2022 Namita Dehury ....

Petitioner Mr.Anirudha Das, Advocate -versusState of Odisha(Vig.) ....

Opp.Party Ms.J.Tripathy, Standing Counsel, Vigilance.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 01.

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 Petitioner who is a lady has cooperated with the investigation and produced the documents before the Vigilance department and as because she is the wife of Dusmanta Kumar Dehury she has been entangled in the present case though she has no role in the alleged crime. The witnesses examined so far has not whispered a single word against the Petitioner that she is the author of the crime. 5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned Special Judge, Vigilance, Dhenkanal in VGR No.10 of 2022 arising out of Cuttack Vigilance P.S.Case No.40 of 2022 within a period of three weeks from today and moves for bail, she shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Special Judge, Vigilance with further condition that she shall appear before the I.O. as and when required for the purpose of investigation and shall appear before the trial court on each and every date to which date the case is posted. Violation of any of the conditions shall entail cancellation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

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