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2025 DAILYLAW 9178 (ORI)

SUNITA DAS v. STATE OF ODISHA

ABLAPL/605/2025 · 2025-01-20

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.605 of 2025 Sunita Das ..... Petitioner Represented By Adv. - Girija Ballav Das -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – U.C.Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Counsel for the State. Perused the records. 3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 420 & 506 of I.P.C. in G.R. Case No.903 of 2024 of the Court of learned J.M.F.C.-City, Cuttack arising out of Badambadi P.S. Case No.401 of 2024. 4. It is stated by learned counsel for the petitioner that the dispute involved in the present case is civil in nature. He further contended that the present case has been falsely registered against the present petitioner while is being harassed the Petitioner. He further submitted Page 2 of 2. that the Petitioner does not have any similar criminal antecedent. 5. Learned counsel for the State on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation. He further contended that as per the F.I.R. allegation, the Petitioner had cheated the innocent purchaser of the land by not delivering the possession of the land although the purchaser has paid the consequential money. 6. 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 Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today, she 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. 7. It is further directed that the bail granted to the petitioner shall be subject to the verification of her criminal antecedent. In the event, the Petitioner is having any similar criminal antecedent, then this order shall stand automatically revoked. 8. The ABLAPL is disposed of accordingly. 9. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Anil