Soudamini Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.314 of 2022

1. Soudamini Mohanty

2. Sukant Kumar Mohanty ....

Petitioners Mr. M.S. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

31.01.2022 01.

Order No.

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with C.T. Case No.6087 of 2021 arising out of Air Field P.S. Case No.284 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 294/420/ 406/506/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioners that the case arises

// 2 // out of a complaint petition and the informant is a builder and the petitioners had paid him Rs.5,00,000/- (rupees five lakhs) for the construction of work but the complainant did not start the work and when the work was entrusted to another contractor, the false case has been foisted and the offences are triable by Magistrate and on hearing the learned counsel for the State and since the petitioner no.1 is an aged lady and petitioner no.2 is her husband, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they 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 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

// 3 // thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge RKM