Umesh Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11915 of 2022 Umesh Kumar Jena and others ....

Petitioners Mr.Biplab Ku.Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.09.2022 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 406,294,506/34 of the Indian Penal Code. 4.

It is submitted by the earned counsel for the Petitioners that the Petitioners are the tenant under the informant. He further submits that there is dispute between the parties, as a result of which several cases have been filed.

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

// 2 // J.M.F.C.(P), Kujanga in G.R.Case No.553 of 2022 arising out of Kujanga P.S. Case No.225 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 the condition that the Petitioners shall pay the rent in respect of the house till a decision is taken by the competent court in the matter. 6.

The ABLAPL is disposed of accordingly.

7.

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