IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13316 of 2024
.....
1) Anupama Das Petitioners
2) Binod Bihari Bhoi Represented By Adv. -
Harekrushna Malik
-versus-
.....
State Of Odisha Opposite Party
Represented By Adv.
–
S.K.Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
30.11.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners and learned Addl.
Standing Counsel for the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the
Petitioners for anticipatory bail, involving offence punishable under
Sections 318 (4) / 296 / 351 (3)/3(5) of B.N.S. in G.R. Case No.2015 of
2024 of the Court of learned S.D.J.M., Jagatsinghpur arising out of
Jagatsinghpur P.S. Case No.1042 of 2024.
4. It is stated by learned counsel for the Petitioners that the
Petitioners had taken a friendly loan from the informant. He further
submitted that the aforesaid fact has been admittedly in the F.I.R. by the
informant that he had given a loan of Rs.4,20,000/- to the Petitioners.
He further submitted although the Petitioners as has been returning the
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money in instalments to the informant, the informant has lodged this
F.I.R. by making false allegation against the Petitioner to put pressure
on them.
5. Considering the seriousness of the allegation, gravity of the
offence and the aforesaid 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
court in seisin over the matter 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. Violation of any of the
terms and conditions shall entail cancellation of the bail.
6. It is further directed that the bail granted to the petitioners is
subject to verification of criminal antecedent. In the event, the
Petitioners are having any criminal antecedent, then this order stands
automatically revoked.
7. The ABLAPL is disposed of accordingly.
8. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge
Anil
Signature Not Verified
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Digitally Signed
Signed by: ANIL KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 02-Dec-2024 12:41:06