IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4219 of 2026 1. Sabita Rout 2. Soubhagya Kumar Rout @ Soubhaga Rout @ Sobhagya Kumar Rout …. Petitioner(s) Mr. Durga Prasad Pattanaik, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 01.05.2026 01. 1. Heard. 2. The petitioners are seeking pre-arrest bail in connection with Keonjhar Town P.S. Case No.57 of 2026 corresponding to G.R. Case No.88 of 2026 registered for alleged commission of offences punishable under Sections 338/ 336(3)/ 340(2)/ 328(4)/316(2)/3(5) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Keonjhar. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 4. The allegation against the petitioners is that the informant, who was the Senior Manager of Punjab National Bank, New Market Branch, Keonjhar alleged that the petitioners along with others had purchased the mortgaged property. The accused have been sanctioned two housing loans of Rs.16 lakhs and Rs.5 lakhs on 23.11.2010 and 24.05.2011 respectively from Keonjhar Branch. All the original documents in respect of the aforesaid land have also been submitted by the petitioners before the bank during availing the said loan and for creation of equitable mortgage. Due to non-payment of interest and instalments, the accounts have been classified NPA. Subsequent to which the action under the SARFAESI Act was initiated by the band under Section 13(2) of the SARFAESI Act. Hence, the case. 5. At the instance of the bank, the F.I.R. has been registered against the petitioners. It is alleged that the petitioners have mortgaged the property in subject and obtained the loan from the bank, but due to default in repayment of the loan dues, the proceeding before the Debt Recovery Tribunal has been initiated against the petitioners under the SARFAESI Act by the bank. When the proceeding before the Debt Recovery Tribunal was going on, the petitioners appears to have sold the mortgaged/co-lateral property to a third party forging documents. Therefore, the F.I.R. has been registered against the petitioners. 6. Learned counsel for the petitioners fairly submits that the petitioners are making their full endeavour to settle the matter with the bank by making good the entire loan amount. The petitioners have also submitted OTS proposal which appears to have been in the process of consideration. It’s further submitted that the petitioner no.1 is a lady of 56 years and she is a Government employee. The petitioner no.2 is the husband of the petitioner no.1, who is a retired Government employee. 7. Learned counsel for the petitioners submits that let the petitioners be protected by the order of this Court so that they will not be taken into custody so that they shall have all endeavor to repay the entire loan amount to the bank and settle the dispute. 8. Regard being had to the submissions made by learned counsel for the petitioners and the nature of allegation against them and since the case is based on documentary evidences, I am inclined to grant the petitioners anticipatory bail. Accordingly, it is directed that in the event the petitioners are arrested, they shall be released by the Arresting Officer subject to the verification of the criminal antecedent of similar nature, they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 9. It is expected that the petitioners shall take all steps to liquidate their liability to the bank within a period of six months hence. 10. It is open for the prosecution to move appropriate application before the Court, if the bail conditions are violated. 11. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.