Geetanjali Acharya v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16631 of 2021 Geetanjali Acharya ....
Petitioner Mr.Soura Chandra Mohapatra, Advocate -versusState of Odisha ....
Opp. Party Mrs. Susama Rani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
24.01.2022 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 Baranga P.S. Case No.138 of 2021 corresponding to G.R. Case No.1603 of 2021 pending in the court of learned J.M.F.C. (R), Cuttack for alleged commission of offences under sections 420, 468, 471/34 of the Indian Penal Code.
Learned counsel for the petitioner submitted that an agreement for sale was executed between the husband of the informant Dr. Arun Kumar Sahoo and
// 2 // Niranjan Satpathy on 30.07.2019 and the petitioner is stated to be one of the signatories to such agreement. It is further submitted that whatever money has been given, that was to Niranjan Senapati as per the F.I.R. and the F.I.R. was also not lodged against the petitioner and since the petitioner is a 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, the fact that 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 person acquainted with the facts of the case so as to dissuade
// 3 // 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. PKSahoo ( S.K. Sahoo) Judge