Reetanjali Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13125 of 2022 Reetanjali Naik ....

Petitioner Mr. Kmil Rashid, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.10.2022 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 C.T. Case No.810 of 2022, arising out of Bhawanipatna Town P.S. Case No.296 of 2022 pending in the court of learned S.D.J.M., Bhawanipatna for commission of offences punishable under Sections 420/467/468/470/471/34, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the principal accused is one Vinit Kumar Naik, who has taken money from the informant to provide employment. After taking money of Rs.9,00,000/-(rupees nine lakhs) from the informant, the principal accused has not taken provided any employment. It is further

// 2 // submitted by learned counsel for the petitioner that the said accused has taken money from various persons to a tune of Rs.65,00,000/- (rupees sixty five lakhs).

6.

Further, it is submitted by learned counsel for the petitioner that the petitioner, who happens to be the wife of the principal accused, has arrayed as an accused in the present case and that she has no specific allegation against her except an allegation a cash of Rs.9,00,000/-(rupees nine lakhs) has been deposited in a joint account of the petitioner.

7.

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 threaten, harass and terrorize the informant and her /his family members in any manner whatsoever;

III. she shall not indulge in similar criminal activities while on bail; and IV. she shall not tamper with the prosecution witnesses in any manner whatsoever.

// 3 // Violation of any of the terms and conditions shall entail cancellation of bail.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu