Jyotrimayee @ Jotrimayee Bhanja v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15469 of 2022 Jyotrimayee @ Jotrimayee Bhanja and another .... Petitioners Mr. B.B. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

19.12.2022 01.

1. Heard learned counsel for the Petitioners and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s.294/465/420/457/506/34 IPC.

3. It reveals from the complaint basing on which the present case arises that a civil suit has been initiated at the behest of the complainant before the learned Civil Judge (Junior Division), Athagarh wherein the present Petitioners are alleged to have produced a forged document. The question as regards forged documents in question can also be dealt with by the court seisin over the matter in course of the trial. Prima facie there is no material to deduce that the document in question has been sent for

// 2 // examination may be because the investigation must in progress. Consequently there is no need of a custodial interrogation.

4. Considering the aforesaid facts, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender in connection with I.C.C. Case No.561 of 2022 pending in the court of learned S.D.J.M.(S), Cuttack within a period of two weeks' hence and move for bail, they shall be released on such terms and conditions as would be deemed just and proper by the said court with further conditions that they shall appear in person before the court below on each date of posting of the case unless specifically exempted by the court concerned with the further conditions that they shall appear before the IO as and when required besides once a week on such date and time to be fixed by the I.O concerned, shall not threaten or intimidate the Informant party in any manner whatsoever and shall cooperate with the investigation. Violation of any of the conditions shall entail cancellation of bail of the Petitioners. The ABLAPL is disposed of. (Chittaranjan Dash) Judge KC Bisoi