Ritanjali Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12128 of 2021 Ritanjali Meher ....

Petitioner Mr.S.K. Dwibedi, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

25.01.2022 01.

This matter is taken up through video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Khaparakhol P.S. Case No.129 of 2021 corresponding to G.R. Case No.701 of 2021 pending in the court of learned S.D.J.M., Patnagarh for alleged commission of offences under sections 420, 467, 468, 471/34 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner, who was engaged as a Sikhya Sahayak in Kurlumal PUPS under Block Education Officer, Khaprakhol submitted a B.Ed. Certificate

// 2 // which was found to be a forged one for which she was disengaged from her service on 19.11.2019 and this F.I.R. was lodged on 03.09.2021. It is further submitted steps have already been taken for recovery of salary paid to the petitioner and since the offences are triable by Magistrate and the petitioner is lady, keeping in view the proviso to section 437(1) Cr.P.C. as well as the fact that the offences are triable by Magistrate, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail application.

Considering the submissions made by the learned counsel for the respective parties, since petitioner has already been disengaged from service and the offences are triable by Magistrate and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she shall not directly or indirectly make any inducement, threat or promise to any

// 3 // person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

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

The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022. ( S.K. Sahoo) Judge PKSahoo