Rohit Kumar Patel v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9348 of 2022 Rohit Kumar Patel and others ....

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

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.08.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.228 of 2022, arising out of Lisingha P.S. Case No.233 of 2022 pending in the court of learned J.M.F.C., Loisingha for commission of offence punishable under Sections 420/294/506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that there is a civil dispute between the parties as a result of which they have filed case and counter case each other. It is further submitted that Section 420, I.P.C. is not made out against the petitioners. 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the

// 2 // petitioners. However, it is directed that in the event the petitioners surrenders before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge