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Orissa High CourtABLAPL/4041/2021allowed

Satyabrata Mangaraj v. State Of Odisha

2022-03-23Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4041 of 2021

1. Satyabrata Mangaraj

2. Ganeswar Sahoo ....

Petitioners Mr. J. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.03.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical 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 Infocity P.S. Case No.138 of 2019 corresponding to C.T. Case No.2870 of 2019 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 420/506/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that the case arises out of a complaint petition and

// 2 // the occurrence relates to the year 2014-15 and the complaint petition was filed in 2019, which was forwarded under section 156(3) Cr.P.C. to the Inspector in-charge of Infocity police station, Bhubaneswar and accordingly, the case was registered and the offences are triable by Magistrate and there is no document to show that any money transaction has taken place between the complainant and the petitioners and therefore, 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 learned counsel for the respective parties, the nature of accusation against the petitioners and the fact that the offences are triable by Magistrate, the interim order dated 09.04.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM