Orissa High Court
Nityananda Barik vs State Of Odisha .... Opp. Party on 3 July, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5567 of 2023
Nityananda Barik .... Petitioner
Mr. P. K. Das, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. M.K. Mohanty, ASC
Mr. N. Lenka, Adv for the Informant
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 03.07.2023
01. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 294/506 of IPC.
3. Perusal of the FIR reveals that on 09.03.2023 at about 4.30 P.M, the Informant went to the office of D.E.O., Mayurbhanj, Baripada seeking for an information under the RTI Act, as he got information, as a social activist that some documents of Chitrada Girls High School have been forged by the present Petitioner ignoring the order of District Education Officer, Mayurbhanj. It is further alleged that the present Petitioner by manhandling Sri Manmohan Hembram, Block Education Officer, Morada, who was forced by the Petitioner to prepare the forged document like Absentee Statement basing on which the present Petitioner was drawing and disbursing Officer, misappropriated the Government // 2 // money by mis-utilizing the power vested in him and swindle the public money by committing fraud.
4. It is submitted by the learned counsel that the Petitioner is a government servant.
5. Keeping in view the submission and the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences and the fact that he is a government officer, while this Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with C.T Case No.524 of 2023 arising out of Bhajanpurr P.S. Case No. 128 of 2023 pending in the court of learned S.D.J.M., Baripada within a period of three weeks hence he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioner shall appear in person before the learned court below on each date of posting of the case unless specifically exempted by the court concerned and/or consider the prayer U/s.317 Cr.P.C; shall appear before the I.O. as and when required and shall cooperate with the investigation; shall not threaten, intimidate or terrorize the informant; shall not tamper with the prosecution evidence in any manner whatsoever, while on bail.
6. Violation of any of the conditions shall entail cancellation of bail. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
Signature Not Verified
Digitally Signed
Judge
Signed by: BIJAY KETAN SAHOO
Designation: Jr. Stenographer
Reason: Authentication BKSahoo
Location: HIGH COURT OF ORISSA
Date: 04-Jul-2023 10:10:43
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