Jyotirmayei Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 16310 of 2021 Jyotirmayei Pradhan ....
Petitioner Mr.B.K. Behera, Advocate -versusState of Odisha ....
Opp. Party Ms. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
20.01.2022 01.
This matter is taken up by video conferencing mode.
Heard learned counsel appearing 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 C.T. Case No.4525 of 2021 corresponding to EOW, Bhubaneswar P.S. Case No.10 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 419/420/467/468/471/ 120-B of the Indian Penal Code.
Perused the F.I.R.
// 2 // Learned counsel for the petitioner submitted that the F.I.R. was lodged by one Shashanka Sekhar Das, Executive Engineer OTDC Ltd., Bhubaneswar before the Superintendent of Police, EOW, CID-CB, Odisha, Bhubaneswar on 21.08.2021 against one Chandan Akash Mohanty and unknown persons and during the course of investigation, it was found out that some money has been transferred from the account of a co-accused to the present petitioner, for which the police is chasing after the petitioner to arrest him. It is further submitted by the learned counsel for the petitioner that the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioner may be favourably considered.
Learned counsel for the State has obtained instruction and stated that from the account of coaccused Jawaharlal Nayak, a sum of Rs.1,01,030/- has been transferred to the account of the petitioner.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, role attributed against the petitioner and the fact that the offences are triable by Magistrate and the petitioner is a lady, keeping in view the proviso to section 437(1) of
// 3 // 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 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 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer with further condition that she shall cooperate with the investigation and shall further appear before the Investigating Officer as and when required but to that effect, written intimation shall be served on the petitioner. If the petitioner fails to appear on the date fixed in spite of written notice or does not cooperate with the investigation, the prosecuting agency is at liberty to seek appropriate remedy for cancellation of the anticipatory bail order of the petitioner.
Violation of any of the above conditions shall entail cancellation of bail.
// 4 // 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 P