Saraswati Muduli v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12044 of 2022 Saraswati Muduli ....

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

Opp. Party Mr. S. Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

23.09.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.161 of 2022, arising out of Raghnathpur P.S. Case No.166 of 2022 pending in the court of learned J.M.F.C.-cumGrama Nyayadhikari, Raghunathpur for commission of offences punishable under Sections 420/468/471/409/166-A/167/465/34, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the present petitioner is working as Junior Engineer of Tirtol Block. It is further submitted by learned counsel for the petitioner that the present arises out of a complaint case against the petitioner. So far as the allegations made in F.I.R. is that the petitioner in connivance with the B.D.O. has created fake bills and misappropriated

// 2 // Government money to the tune of Rs.10,62,893/-. 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, she shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that:- I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

she shall not tamper with the prosecution evidence in any manner whatsoever; and III.

she shall not default in attendance of the court during trial on each date of posting.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu