Modan Mohan Barik @ Madan Mohan Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9037 of 2022 Modan Mohan Barik @ Madan Mohan Barik and others ....

Petitioners Mr.Mohit Agarwal, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.08.2022 01.

1.

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

2.

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

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

4.

It is submitted by the learned counsel for the Petitioners that the allegation made against them in the F.I.R. is false and Petitioners did not have the intention to cheat to commit any fraudulent act. It is also submitted by the learned counsel for the Petitioners that they requested the D.S.R., Keonjhar to return the deeds submitted by them as the same have been submitted under misconception. 5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the

// 2 // event the Petitioners surrender before the learned S.D.J.M., Keonjhar in G.R.Case No.1324 of 2022 arising out of Keonjhar Town P.S.Case No.277 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further conditions that the Petitioners shall appear before the I.O. as and when required for the purpose of investigation and shall appear before the trial court on each and every date fixed. Violation of any conditions shall entail cancellation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

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