Satya Siba Dey v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11749 of 2022 Satya Siba Dey & others ....

Petitioners Mr.Manoj Kumar Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. S.Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 418, 466, 471, 120-B, 341, 294, 420, 379, 506(II)/34 of the Indian Penal Code.

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners are tenants and the informant is the landlord. He further submits that there is a tenancy agreement between both the parties. However, the landlord is compelling the tenants to vacate the house. It is further submitted by the learned counsel for the Petitioners that the Petitioners do not have criminal antecedents of similar nature.

// 2 // 5.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C, Soro in C.T.Case No.839 of 2022 arising out of Soro P.S.Case No.393 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedents of similar nature against the Petitioners. 6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS