Kalpalata Tripathy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.601 of 2020

1. Kalpalata Tripathy

2. Sachikanta Mahapatra ....

Petitioners Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

11.01.2022 03.

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 Bhubaneswar Infocity P.S. Case No.237 of 2019 corresponding to C.T. Case No.5408 of 2019 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 420/467/468/471/34 of the Indian Penal Code.

Perused the FIR.

Learned counsel for the petitioners submitted

// 2 // that the dispute between the parties is basically civil in nature and civil suit is also pending and a false case has been foisted against the petitioners and since the offences are triable by Magistrate, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the respective parties, the nature of accusation against the petitioners, the background of the case and since the offences are triable by Magistrate, 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 anticipatory 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 any facts to the Courts or to the Investigating Officer.

Violation of any of the above conditions shall

// 3 // 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 RKM