Debashis Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8641 of 2022 Debashis Mohanta ....

Petitioner Mr.A.Mishra, Advocate -versusState of Odisha ....

Opp.Party Mr.Sitikanta Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner that the informant filed a complaint before the learned S.D.J.M., Bhubaneswar and the same was sent to the local Police under section 156(3) Cr.P.C. which was registered as Khandagiri P.S.Case No.297 of 2022. It is also submitted by the learned counsel for the Petitioner that Petitioner has not forged any agreement rather the house owner has accepted him as the tenant by taking rent and now the Petitioner is continuing as a tenant over the said house. 5.

Considering the nature of allegations made, gravity of the

// 2 // offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Bhubaneswar in C.T.Case No.3394 of 2022 Khandagiri P.S.Case No.297 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further condition that the Petitioner shall cooperate with the investigation and shall appear before the trial court on each and every date.

6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS