Sabita Sahoo v. State Of Odisha (G.A. Department)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15055 of 2022 Sabita Sahoo & another ....

Petitioners Mr. Rashmikanta Mahalik, Advocate -versusState of Odisha (G.A.

Department) ....

Opp. Party Mr. M. S. Rizvi, ASC (Vigilance)

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

13.12.2022 01.

1. Heard learned counsel for the Petitioners and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences under Sections 13(2) r/w. 13(1)(a)/12 of P.C. Act, r/w. Section-409/420/467/471/120-B of IPC.

3. The learned counsel for the Petitioners submits that the Petitioners are placed on same footing since the co-accused has been released on bail. He further submits that the charge-sheet has been submitted arraying the present Petitioners in the alleged offence.

4. On the basis of a complaint before the Lokaukta, Odisha, the present case has been registered and the inquiry commenced. In course of the inquiry, prima facie as it appears the Petitioner No.1 is the Sarpanch and Petitioner No.2 is her husband, are working as Sarpanch and Contractor respectively so also they swindled a sum of ₹5,88,000.00 which was sanctioned under the Swachha Bharat

// 2 // Scheme for construction of latrine & laboratories for that Panchayat without any construction of latrine and laboratories. The money has been taken to the account of Petitioner No.2 at the instance of Petitioner No.1.

5. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, this court is not inclined to grant anticipatory bail to the Petitioners. Accordingly the prayer for bail stands rejected and the ABLAPL is dismissed.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan