IN THE HIGH COURT OF ORISSA, CUTTACK.

(CRIMINAL MISCELLANEOUS JURISDICTION)

ABLAPL No. ________ OF 2024
CODE NO_________

IN THE MATTER OF :
An application U/s. 438 of Cr. P.C.;
A N D
IN THE MATTER OF :
An application relating to Badambadi
P.S. Case No. 100 of 2024
corresponding to G.R. Case No. 256
of 2024 pending in the court of
learned Judicial Magistrate First
Class (City), Cuttack.
A N D
IN THE MATTER OF :
Saini Vadrapati @ Bhadrapati, aged
about 32 years, Daughter of Iswar
Chandra Pati, resident of At:-
Nazarpur, (Nimpur), P.O./P.S:-
Jagatpur, Dist.- Cuttack. At present
working at Punjab national Bank,
CDA, Cuttack.
… PETITIONER
-Versus-
 2

1. State of Odisha.
2. Sujata Nayak, aged about 44 years,
W/o. Santosh Kumar nayak, resident
of At :- Plot No. 2971 /5653 at
Sikaripur, P.O. / P.S.- Jagatpur, Dist
– Cuttack, Proprietor of M/s Sai
Sradha Associates
…OPPOSITE PARTIES

The present bail application is the first bail application

and the matter out of which this ABLAPL application
arises was never before this Hon’ble Court in the present
form whatsoever as per instructions received.
To,
The Hon’ble Chief Justice and His Lordships
Companion Justices of the said Hon’ble Court.
The humble petition of the
Petitioner named above;
MOST RESPECTFULLY SHEWETH:
1. That the present Petitioner have filed this application
U/s. 438 Cr.P.C. arising out of Badambadi P.S. Case No.
100 of 2024 corresponding to G.R. Case No. 256 of 2024
pending in the court of learned Judicial Magistrate First
Class (City), Cuttack on the allegation of commission of
offence U/s. 420/465/ 34 of I.P.C.
 3

2. That the prosecution allegation in brief is that on.

02.04.2024 at 09:30 P.M. IIC- A.K. Roul received the ICC
case No-121/2023 vide memo No 789 dated. 22.08.2023,
from Hon’ble Court of J.M.F.C., (City), Cuttack on behalf
of Complainant Sujata Nayak. The Complainant Sujata
Nayak is residing of Plot No-2971/5653 at Nimpur, PS-
Jagatpur. Dist-Cuttack and she had established a unit in the
name of M/s Sai Sradha Associates and was dealing with
sanitary items for the said business the Complainant had
taken a house on rent of Sri Laxman Sahoo at Fakirpur
Pandasahi, P.S.-Jagatpur, Dist-Cuttack from dated
01.08.2018 with a monthly rent of Rs.4,500/-. The
Complainant had also registered her unit for GIST in the
Circle II office of Commercial Tax on dated. 18.09.2018
but due to shortage of finance the Complainant came in
contact of the accused Seikh Sutarulla in the year 2019 who
has assured the Complainant to arrange business loan of Rs.
5,00,000/- from the accused person Saina Vadra Pati was
the Branch Manager of Punjab National Bank Mahandia
Vihar, Branch, Badambadi, Cuttack. Believing upon the
accused person Seikh Sutarulla the Complainant had
handed over all the required documents like house rent
agreement GST License, Balance Sheet, Adhar card and
photo to the accused Seikh Sutarulla. The accused Seikh
Sutarulla had deposited all the documents before the
accused Saini Vadra Pati during March 2020. The accused
 4

Seikh Sutarulla assured the Complainant that accused Saini

Vadra pati will sanction cash credit loan up to Rs.5,50,000/-
On dated. 27.03.2020 both accused Saini Vadra Pati and
Seikh Sutarulla called the Complainant to come to the bank
to sign the loan documents. On the said date the
Complainant appeared before the accused Saini Vadra Pati
at the Bank and signed all the bank documents within 01.00
PM. Thereafter the accused Saini Vadra Pati intimated to
the Compit. that a cash credit loan amount of Rs. 5,28,500/-
has been sanctioned in her name. The accused Saini Vadra
Pati had given a cheque book to the Complainant the
accused Saini Vadra Pati and accordingly the Complainant
handed over five cheques to the accused Saini Vedra Pati
on same day. The accused Saini Vadra Pati told the
Complainant that direct cash will be given to her since it is
a cash credit loan but it will be bill of the supplies.
Thereafter as there was very less business due to the reason
of Covid-19 the accused Seikh Sutarulla had told the
Complainant to give him Rs.1,00,000/- on dated.
30.03.2020, Rs.2,00,000/- on dated. 07.04.2020 and
thereafter Rs.1,94,300/- on dated. 15.04.2020 and
Rs. 50,000/- on dated. 05.05.2020 on the reason that, the
funds in the bank should remain unused due to the Covid
period but the accused Seikh Sutarulla will use the same
and to pay back the entire amount of Rs.5,44,300/- within a
short period. The entire amount was transferred in favour of
 5

the accused Seikh Sutarulla as he had his current account in

the Punjab National Bank where the accused Saini Vadra
Pati was working. The accused Saini Vadra Pati was
helping the accused Seikh Sutarulla for transfer of funds. It
is to mentioned here that, the accused Seikh Sutarulla had
given of Rs.5,000/- to her husband Sri Santosh Kumar
Nayak on dated. 28.05.2020 and Rs,40,000/- on dated.
26.06.2020 but subsequently her husband had again
deposited the said amount in the bank. In this clandestine
manner the accused Saini Vadra Pati and accused Seikh
Sutarulla taken away Rs.5,00,000/- from the Compit. by
June 2020. After Several complain the accused Seikh
Sutarulla had given a post-dated cheque bearing No-200025
of Rs.5,50,000/- of Punjab National Bank from his current
account No-297. But the said cheque has already been
dishonored on deposit for encashment. The Compit, cheated
by the accused Saini Vadra Pati and Seikh Sutarulla but
after transfer of the accused Saini Vadra Pati from the said
branch the new Branch Manager is repeated pressurizing
the Complainant to pay bank the dues though the entire
loan has already been taken away by the accused Saini
Vadra Pati and Seikh Sutarulla. The new Branch Manager
had issued a letter on dated. 31.03.2021 to the Complainant
to pay Rs. 5,46,370/-, But in the meantime the cheque given
by the accused Seikh Sutarulla has been dishonored. The
Complainant have not taken a single rupee from her
 6

sanctioned loan. The Complainant have already been

cheated by the accused persons by manufacturing of
records and taking away of money from her on false
promise to pay and by giving a cheque without any balance
in the amount. The Complainant had suffered by running
after the bank and the accused Saini Vadra Pati and Seikh
Sutarulla for about a year by spending around Rs.2,00,000/-
but the Complainant could not able to use the loan money
in her business and the entire amount was clandestine used
by the accused Saini Vadra Pati and Seikh Sutarulla, the
Complainant has suffered a financial loss of Rs.2,00,000/-
in this malafide process and she has been cheated by the
accused persons. The accused Seikh Sutarulla had given a
post-dated cheque vide cheque Bo-200025 of Rs.5,50,00/-
of Punjab National Bank from out of his current account
No-297 to the Complainant The said cheque has been
dishonored on deposit for encashment. The accused persons
have jointly cheated the Complainant Hence this case. The
copy of the FIR in Connection with Badambadi Case No.
100 of 2024 dated. 02.04.2024 is annexed here with and
marked as ANNEXURE-1.
3. That the complainant and Wife of the co-accused had
a Partnership agreement between them on. 25th February,
2020 for the Company name of M/s Sai Sradha Associates
which was dealing with sanitary items for the said business.
The copy of the agreement between the complainant and
 7

Wife of the co-accused on. 25.02.2020 for partnership of

the Company name of M/s Sai Sradha Associates is
annexed herewith and marked as ANNEXURE-2.
4. That the present petitioner has no involvement in this
case as it is a case between the complainant and the Wife of
the co-accused as they had agreement between them
regarding the company and their financial transactions. The
copy of the bank transactions between the complainant and
the Wife of the co-accused is annexed herewith and marked
as ANNEXURE-3.
5. That all the allegations leveled against the present
Petitioner implicated as an accused in basis of false,
frivolous statements and there are no concrete materials are
available against the petitioner to connect and no prima
facie case is made out to entangle the petitioner in the
alleged commission of offence.
6. That it is submitted that the petitioner has no
knowledge about the present crime and not involvement of
any kind of such allegation alleged in this case.
7. That in the present case in concerned the name of the
present petitioner is being dragged out of personal grudge
against the petitioner as she has no role to play in this case
and had no idea of such cheating happened to the accused
behind her back.
8. That the facts stated in the F.I.R is false and without
any basis. The informant has lodged the F.I.R only to harass
 8

the petitioner and trying to lost their image in the local

public and society.
9. That, as per the allegation against the petitioner there
is no iota of evidence to prove the present petitioner is an
accused in this present case and there is no direct allegation
against the present petitioner but the investigating officer
trying drag unnecessarily and falsely entangled them as an
accused.
10. That the petitioner is an innocent person and there is
no Criminal antecedent and there is no specific evidence
against the petitioner with regard to his participation in the
alleged incident neither his name in reflected in the F.I.R.
and so far as material is concerned the investigating officer
has already been collected statements U/s. 161 Cr.P.C as
well as deposition of the victim also been collected, there
is no chance of tampering the prosecution evidence and
the Present petitioner is Permanent Resident under the
Badambadi Police Station, therefore there is no chance of
absconding or tampering with the prosecution evidence
Besides the petitioners are law abiding citizen and
undertakes to the co-operate with the further investigation
and abide by all terms and conditions that would be
imposed in the event they were released on bail as this
Hon’ble Court thinks fit and proper.
11. That due to such false accusation and harassment by
Police and investigating officers the petitioner is being
 9

reasonably apprehends her arrest and approaches this

Hon’ble Court U/S.438 of Cr.P.C. to allow them to be
released on bail in the event of his arrest by the arresting
officer on such terms and conditions.
12. That it is submitted that except this ABLAPL
application so far as the petitioner is concerned no other
bail application is pending before any of the courts.
PRAYER
Under the circumstances, it is most respectfully
prayed that this Hon’ble Court may graciously be pleased to
allow this Anticipatory Bail application and directing the
petitioners to be released on bail in the event of her arrest
by the arresting officer in connection with Badambadi P.S.
Case No. 100 of 2024 corresponding to G.R. Case No. 256
of 2024 pending in the court of learned Judicial Magistrate
First Class (City), Cuttack by imposing any terms and
conditions;
And/or pass any other order/orders as this Hon’ble
Court may deem fit and proper;
And for this act of kindness, the petitioners as in duty
bound shall ever pray.
CUTTACK.
DATE. 09.04.2024 ADVOCATE FOR THE PETITIONER
 10

IN THE HIGH COURT OF ORISSA, CUTTACK.

(CRIMINAL MISCELLANEOUS JURISDICTION)
ABLAPL No. ________ OF 2024
CODE No.091000
IN THE MATTER OF:
Saini Vadrapati @ Bhadrapati …PETITIONER
-Versus.-
State of Odisha & Another … OPP. PARTIES
AFIDAVIT
1. Saini Vadrapati @ Bhadrapati, aged about 32 years, resident
of At:- Nazarpur, (Nimpur), P.O./P.S:- Jagatpur, Dist.- Cuttack.
At present working at Punjab national Bank, CDA, Cuttack.
2. Father’s Name : Iswar Chandra Pati
3. Number of proceeding(s) pending in the High Court or would
be instituted (Caveat) : No.
4. Statement of Facts : As per averments in the Anticipatory Bail
application.
5. The facts stated are true to the best of my knowledge and
belief of the Deponent/Petitioner.
6. Occupation: - Working at Punjab national Bank, CDA, Cuttack.
DECLARATION
I, Saini Vadrapati @ Bhadrapati, aged about 32 years,
Daughter of Iswar Chandra Pati, resident of At:- Nazarpur,
(Nimpur), P.O./P.S:- Jagatpur, Dist.- Cuttack. At present working
at Punjab national Bank, CDA, Cuttack being the Deponent/
Petitioner above named, do hereby solemnly affirms that the
 11

facts stated in Paragraphs – 1 to 10 are true to my knowledge and

true to the best of my information which I obtained from the
personal sources.
I believe the information to be true for the following reasons:
Basing upon Official Records and information.
Solemnly declare at Cuttack the above said this 9th April, 2024.
IDENTIFIED BY/-
ADVOCATE DEPONENT.
Solemnly affirms before me by Saini Vadrapati @ Bhadrapati
who is identified before me by Shri…………………………………
whom I personally known.
This the 9th day of April, 2024.
.

SIGNATURE BEFORE ME
COMISSIONER OF OATH
(NOTARY PUBLIC, CUTTACK)
CERTIFICATE
Certified that due to non-availability of cartridge paper thick
white paper has been used.
CUTTACK
DATE: 09.04.2024 ADVOCATE.
 12

IN THE HIGH COURT OF ORISSA, CUTTACK.

(CRIMINAL MISCELLANEOUS JURISDICTION)
ABLAPL No. ________ OF 2024
CODE No.091000
IN THE MATTER OF:
Saini Vadrapati @ Bhadrapati …PETITIONER
-Versus.-
State of Odisha & Another … OPP. PARTIES
INDEX
SERIAL DESCRIPTION OF DOCUMENTS PAGES
NO.
1. APPENDIX-I
SYNOPSIS A
2. APPENDIX-II
LIST OF DATES AND EVENTS B
3. ANTICIPATORY BAIL PETITION 1 to 11
4. ANNEXURE-1.
The copy of the FIR in Connection with 12 -
Badambadi Case No. 100 of 2024 dated.
02.04.2024.
5. ANNEXURE-2.
The copy of the agreement between the
complainant and Wife of the co-accused
on. 25.02.2020 for partnership of the
Company name of M/s Sai Sradha
Associates.
6. ANNEXURE-3.
The copy of the bank transactions
between the complainant and the Wife of
the co-accused.
7. VAKALATNAMA
CUTTACK
DATE.09.04.2024 ADVOCATE FOR THE PETITIONER
(ANANTA NARAYAN PATTANAYAK)
ENROLMENT NO. 0-654/2012
MOB:-7978455885/9439906270
 13

Appendix-I A

IN THE HIGH COURT OF ORISSA, CUTTACK.

(CRIMINAL MISCELLANEOUS JURISDICTION)
ABLAPL No. ________ OF 2024
IN THE MATTER OF:
Saini Vadrapati @ Bhadrapati …PETITIONER
-Versus.-
State of Odisha & Another … OPP. PARTIES

SYNOPSIS
Petitioners have filed this Anticipatory
Bail application in connection with Badambadi P.S. Case No.
100 of 2024 corresponding to G.R. Case No. 256 of 2024 for
offence U/s. 420/465/ 34 of I.P.C. pending in the court of
learned Judicial Magistrate First Class (City), Cuttack and
the investigating officer continuously calling to the petitioner
for his appearance for which the present Anticipatory Bail
application is filed.
Hence, the Petitioner filed this
Present Anticipatory Bail Application U/s. 439 Cr.P.C.
Praying for enlarge the petitioner on bail on such terms and
condition as fixed by this Hon’ble Court;
CUTTACK
DATE. 09.04.2024 ADVOCATE FOR THE PETITIONER
 14

Appendix-II B
IN THE HIGH COURT OF ORISSA, CUTTACK.
(CRIMINAL MISCELLANEOUS JURISDICTION)
ABLAPL No. ________ OF 2024

IN THE MATTER OF:

Saini Vadrapati @ Bhadrapati …PETITIONER
-Versus.-
State of Odisha & Another … OPP. PARTIES
LIST OF DATES AND EVENTS
SL DATE EVENTS
No.
1. 01.08.2018 The Complainant Sujata Nayak had
taken a house on rent of Sri Laxman
Sahoo at Fakirpur Pandasahi, Ps-
Jagatpur, Dist-Cuttack with a monthly
rent of Rs.4,500/-.
2. 18.09.2018 The Complainant had also registered her
unit for GIST in the Circle II office of
Commercial Tax.
3. 25.02.2020 The complainant and Wife of the co-
accused had a Partnership agreement
between them for the Company name of
M/s Sai Sradha Associates. The copy of
the said agreement is at
ANNEXURE -2. (At Page -)
 15

4. 27.03.2020 The accused Seikh Sutarulla assured the

Complainant that accused Saini Vadra
Pati will sanction cash credit loan up to
Rs.5,50,000/-.
5. 30.03.2020 The accused Seikh Sutarulla had told the
Complainant to give him Rs.1,00,000/-
on the reason that, the funds in the bank
should remain unused due to the Covid
period.
6. 07.04.2020 The accused Seikh Sutarulla had again

told the Complainant to give him

Rs.2,00,000/-.

7. 15.04.2020 The accused Seikh Sutarulla had again

told the Complainant to give him

Rs.1,94,300/-

8. 05.05.2020 The accused Seikh Sutarulla had again

told the Complainant to give him Rs.

50,000/-

9. 28.05.2020 The accused Seikh Sutarulla had given

of Rs.5,000/- to her husband Sri Santosh

Kumar Nayak. Rs,40,000/-

10. 26.06.2020 The accused Seikh Sutarulla had again

 16

given of Rs,40,000/- to her husband Sri

Santosh Kumar Nayak.

11. 31.03.2021 The new Branch Manager had issued a

letter to the Complainant to pay

Rs. 5,46,370/-.

12. 22.08.2023 IIC- A.K. Roul received the 1.C.C. case

No-121/2023 vide memo No from
Hon’ble Court of J.M.F.C., (City),
Cuttack on behalf of Complainant Sujata
Nayak.
13. 02.04.2024 FIR was lodged before the Badambadi
P.S. and which was registered as
Badambadi P.S. Case No. 100 of 2024
corresponding to G.R. Case No. 256 of
2024 pending in the court of learned
Judicial Magistrate First Class (City),
Cuttack for alleged offence U/s.
420/465/ 34 of I.P.C. The copy of the
FIR is at ANNEXURE-1.
. The copy of the Fis (At Page- to ).

CUTTACK
DATE:- 09.04.2024 ADVOCATE FOR THE PETITIONER