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Orissa High CourtABLAPL/16835/2021allowed

Sudharani Pattnaik v. State Of Odisha

2022-01-27Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16835 of 2021 Sudharani Pattnaik Petitioner ....

Mr. S. Pattanaik, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 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 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Nayagarh P.S. Case No.261 of 2021 corresponding to G.R. Case No. 779 of 2021 pending in the Court of learned S.D.J.M., Nayagarh for alleged commission of offences under sections 3, 4, 5, 6, and 7 of the Immoral Traffic (Prevention) Act, 1956. Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // Learned counsel for the petitioner submitted that the petitioner is serving as a Junior Clerk in Praja Mandal Mahila College, Nayagarh and she is the owner of the house where the alleged immoral trafficking activities were going on. It is further submitted that one Dipak Kumar Mohapatra was the Manager of the guest house and without the knowledge of the petitioner, the activities were carried out and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioner and since the petitioner is a lady, 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

// 3 // acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court 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. ( S.K. Sahoo) Judge P