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Orissa High CourtABLAPL/8769/2022disposed off

Pratima Sahu v. State Of Odisha

2022-08-01Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8769 of 2022 Pratima Sahu ....

Petitioner Mr. B.S. Panigrahi, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

Mr. S.R. Das, Advocate (for Informant)

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

01.08.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State and Mr. S.R. Das, learned counsel appearing for the Informant.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 406/409/420/468/467/120-B/34, I.P.C. 4.

Learned counsel for the Petitioner submits that the Petitioner shall cooperate in the investigation and shall appear before the I.O. as and when required. Mr. S.R. Das, learned counsel appearing for the Informant, however vehemently opposes to the release of the Petitioner on bail.

5.

However, considering the seriousness and gravity of the matter and considering the fact that the Petitioner is a lady and

// 2 // working as A.P.P. in the court below, 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 S.D.J.M., Udala in C.T. Case No.823 of 2021 corresponding to Udala P.S. Case No.297 of 2021 within a period of three weeks from today, the Petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

Further, while imposing conditions for bail, learned Magistrate shall also impose condition to the effect that the Petitioner shall cooperate in the investigation and shall appear before the I.O. as and when required for the purpose of investigation, and further the Petitioner shall also appear before the trial court on each and every date fixed for trial, without fail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

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