Nihar Ranjan Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8787 of 2022 Nihar Ranjan Das ....

Petitioner Mr. S. Rath, Advocate -versusState of Odisha ....

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

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 and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 420/120-B/468/471/406/462/34, I.P.C. 4.

It is submitted by learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. The allegation in the F.I.R., which was lodged at the instance of the Branch Manager, State Bank of India, Paradeep Bazar Branch, was that one Ranjan Kumar Routaray (husband) and Annapurna Routaray (wife) had availed loan of Rs.30,00,000/- (thirty lakhs) from the said Bank by depositing fake certificates/documents. Initially, allegation was made against one Nihar Ranjan Das, who was an employee working in the said Bank. However, the Bank authorities vide letter

// 2 // dated 08.07.2022 made a request to the police to delete the name of the present Petitioner from the charge-sheet and to recall the Warrant of Arrest issued against the Petitioner and requested only to proceed against the other two above named accused persons. 5.

However, considering such submissions and gravity of the offence, 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 J.M.F.C. (Paradeep) at Kujanga in G.R. Case No.1115 of 2020 corresponding to Paradeep Model P.S. Case No.207 of 2020 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. However, the release of the Petitioner shall be strictly subject to verification of the authenticity of the Letter dated 08.07.2022 issued by the Branch Manager, State Bank of India, Paradeep Bazar Branch to the Inspector-in-Charge of Paradeep Model P.S.

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