Goutam Mistry v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6416 of 2022

1. Goutam Mistry

2. Dillip Kumar Mistry

3. Subhankar Mistry ....

Petitioners Mr.Gopinath Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.Manoranjan Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 01.

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 G.R. Case No.552 of 2021 arising out of Kalimela P.S. Case No.296 of 2021 pending in the Court of learned J.M.F.C., Motu for alleged commission of offences under sections 420/406/120-B/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 out of a complaint petition, which was forwarded under section 156(3)

// 2 // of Cr.P.C. to the Inspector in-charge of Kalimela police station and accordingly, F.I.R. has been registered and the case is basically civil in nature, which has been given a colour of criminal case, the offences are triable by Magistrate and the matter has been amicably settled between the parties and on hearing the learned counsel for the State, 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.

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

(S.K. Sahoo) Judge PKSahoo