Gokhi Behera Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

Gokhi Behera Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

What the court decided

AI extract

Outcome

Both ABLAPLs disposed of by common order: Petitioners directed to surrender within three weeks and, on moving for bail, to be released on bail by the learned Court in seisin (J.M.F.C (Cog.II), Bhubaneswar) on such terms as deemed just and proper; no opinion expressed on complicity.

Issue for consideration

Whether the six Petitioners in ABLAPL No.3199 of 2025 are entitled to pre-arrest bail in connection with C.T Case No.2188 of 2024 (Mancheswar P.S. Case No.688 of 2024) for offences under Sections 420/467/468/506/34 IPC. +2 more

Court's answer

Keeping in view the dictum of the Apex Court in Satender Kumar Antil vrs. Central Bureau of Investigation and another (2023 SCC Online SC 452), the Court directed that on surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper; the direction covers all Petitioners in both ABLAPLs, including Petitioners No.1 and No.6 whom the Informant opposed.

Ratio / Principle

Both matters having been heard together and disposed of by the common order, the same surrender-and-bail direction applies to the Petitioner in ABLAPL No.3832 of 2025, against whom similar allegations were made.

Key takeaways

The Court clarified that its observations are only for the purpose of consideration of the pre-arrest bail prayer and must not be taken as any expression of opinion on the complicity of the Petitioners, which has to be probed independently.obiter¶¶37

Detailed headnote1 paragraphs

Pre-arrest bail — Common order (V. Narasingh, J., 01.12.2025) disposing ABLAPL No.3199 of 2025 (Gokhi, Mamata, Soni, Anil, Manoj and Santosh Behera) and ABLAPL No.3832 of 2025 (Pradip Kumar Behera), both arising out of the same FIR (Mancheswar P.S. Case No.688 of 2024) and prosecuted as C.T Case No.2188 of 2024 before J.M.F.C (Cog.II), Bhubaneswar, for offences under Sections 420/467/468/506/34 IPC. Keeping in view the dictum of the Apex Court in Satender Kumar Antil vrs. Central Bureau of Investigation and another, 2023 SCC Online SC 452, the Court directed that on surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. The Informant had no subsisting grievance against Petitioners No.2 to 5 and opposed only Petitioners No.1 (an old lady of 75 years) and No.6; similar opposition applied to the Petitioner in ABLAPL No.3832 of 2025. The Court expressly confined its observations to the bail prayer and expressed no opinion on the complicity of the Petitioners, which is to be probed independently.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3199 of 2025

1. Gokhi Behera

2. Mamata Behera

3. Soni Behera

4. Anil Behera

5. Manoj Behera

6. Santosh Behera … Petitioners

Mr. D.P. Dash, Advocate

-versus-

State of Odisha

Opposite Party

Mr. S. Panda, ASC Mr. B.P. Rath, Advocate (Informant)

ABLAPL No.3832 of 2025

Pradip Kumar Behera

… Petitioner

Mr. D.P. Dash, Advocate

-versus-

State of Odisha

Opposite Party

Mr. S. Panda, ASC Mr. B.P. Rath, Advocate (Informant)

CORAM: JUSTICE V. NARASINGH ORDER

Order

01.12.2025

No.

09. 1. Since both the matters arise out of same FIR, they are heard together and disposed of by this common order.

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Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel for the Informant.

The Petitioners are seeking pre-arrest bail in connection with C.T Case No.2188 of 2024 pending in the Court of learned J.M.F.C (Cog.II), Bhubaneswar arising out of Mancheswar P.S. Case No.688 of 2024 for commission of offences punishable under Sections 420/467/468/506/34 IPC.

At the outset, it is submitted by learned counsel appearing for the Informant, Mr. Rath that he has no subsisting grievance against Petitioners No.2 to 5 in ABLAPL No.3199 of 2025 and confined his submission in opposing the prayer for pre-arrest bail in respect of Petitioners No.1 and 6.

Mr. Dash, learned counsel for the Petitioners, submits that the present case is an off shoot of a complaint case and taking into account the nature of transactions, the FIR ought not to have been instituted in the first place.

Hence, the Petitioner No.1, who is an old lady of 75 years and Petitioner No.6 may be released on pre-arrest bail.

Learned counsel for the Informant and State oppose such prayer and submit that the sequence of events would unerringly point to the mens rea of the

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Petitioners from the very inception and after getting the consideration Petitioners Nos.1 and 6 have not got executed the sale deed, the ABLAPLs are liable to be dismissed.

So far as the Petitioner in ABLAPL No.3832 of 2025 is concerned, similar allegations have been made against him and the submission in opposing the ABLAPLs in respect of Petitioners No.1 & 6 in ABLAPL No.3199 of 2025 is reiterated in this case as well.

The stand of the State and the Informant is akin to one in ABLAPL No.3199 of 2025. 9. On a perspicuous analysis of the materials on record and keeping in view the dictum of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation and another, 2023 SCC Online SC 452, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

It is needless to state that the observations made hereinabove are only for the purpose of consideration of the Petitioners’ prayer for pre-arrest bail and the same ought not to be considered as this Court expressing any opinion regarding complicity of the Petitioners which has to be probed independently.

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The ABLAPLs are accordingly disposed of.

(V. NARASINGH)

Judge

Anisha

Signature Not Verified

Digitally Signed Signed by: ANISHA NANDA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Dec-2025 16:28:33

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