Orissa High Court
Soudamini Parida vs State Of Odisha ….. Opposite Party on 20 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14152 of 2024
1. Soudamini Parida ..... Petitioner
Represented By Adv. -
Mr.B.C. Mohanty
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Smt. Sasmita Nayak,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.01.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/
Physical Mode).
2. Heard learned counsel for both parties and perused the records.
3. The present application has been filed under Section 438 of the
Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with
CID CB Cyber Crime P.S Case No. 58/2024, corresponding to G.R
Case No.903 of 2024, now pending in the file of the learned
Additional Civil Judge-Cum-J.M.F.C (III), Cuttack, for alleged
commission of offences punishable under Sections
409,419,420,467,468,471,120-B,34 of IPC and r/w Sections 66/66-
C,/66-D of IT Act.
4. It is stated by the learned counsel for the Petitioner that the
principal accused is one Khirod Nayak, who happens to be an
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employee of Axis Bank. He further contended that on the instruction
of said Khirod Nayak, the complainant transferred the money to the
account, which stands in the name of the present petitioner. He further
contended that the petitioner is an old lady of 67 years and that the
principal accused Khirod happens to be the son-in-law of the present
petitioner. He further contended that the present petitioner had no idea
with regard to the deposit and withdrawal of the money from her
account. He further contended that the cheaque book and the ATM
card have not recovered from the possession of the petitioner but the
same were recovered from the possession of that Khirod. He further
submitted that the petitioner’s bank account has been used to transfer
the money and as the petitioner is a local resident, there is no chance
of his absconding. On such ground, learned counsel for the petitioner
submitted that the petitioner be released on pre-arrest bail.
5. Counsel for the State objected to the release of the petitioner on
pre-arrest bail. She further contended that the allegation made in the
FIR are very serious in nature. She further contended that huge amount
has been involved in the alleged crime and the principal accused
Khirod has used the present petitioner’s bank account to transfer the
money illegally. On such ground, learned counsel for the State
contended that this application for the release of the petitioner on pre-
arrest bail be rejected.
6. Considering the submission of the learned counsel for the
parties, and on careful examination of the materials on record; further
keeping in view the gravity of the offence and the nature of allegation
in so far as the present petitioner is concerned; this Court is not
inclined to direct for release of the petitioner on pre-arrest bail,
however, it is directed that petitioner shall surrender before the Court
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in seisin over the matter and move an application for bail within a
period of four weeks from today. In such eventuality, the Court in
seisin over the matter shall do well to release the petitioner on bail on
such terms and conditions as would be deemed just and proper with
the conditions.
Violation of any of the conditions shall entail cancellation of
bail.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
Judge
Basu
Signature Not Verified
Digitally Signed
Signed by: BASUDEV NAYAK
Designation: ASST. REGISTRAR-CUM-SR. SECRETARY
Reason: Authentication
Location: HIGH COURT OF ORISSA : CUTTACK
Date: 21-Jan-2025 11:32:28
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