Disposed¶24

Sunita Das v. State of Odisha

Orissa HC20 Jan 2025ABLAPL/605/2025

Case brief

AI extract

What is this about?

ABLAPL No.605 of 2025, Sunita Das v. State of Odisha, High Court of Orissa (A.K. Mohapatra, J.), decided 20.01.2025: anticipatory bail under S.438 Cr.P.C. refused in offences under Ss.420 & 506 IPC (Badambadi P.S. Case No.401 of 2024; G.R. Case No.903 of 2024, J.M.F.C.-City, Cuttack); conditional direction for release on bail upon surrender within three weeks, on Magistrate-fixed terms, subject to verification of criminal antecedents with automatic revocation for similar antecedents.

What did the court decide?

Anticipatory bail refused; instead, a conditional direction that upon surrender before the learned court in seisin within three weeks the Petitioner be released on bail on terms and conditions fixed by the learned Magistrate, subject to verification of criminal antecedents, with automatic revocation if any similar antecedent exists.

Sunita Das Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, arraigned in G.R. Case No.903 of 2024 for offences punishable under Sections 420 & 506 IPC, is entitled to anticipatory bail under Section 438 Cr.P.C.

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Court's answer

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the Court is not inclined to grant anticipatory bail to the Petitioner.

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Ratio / Principle

If the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within three weeks, she shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper; violation of the terms and conditions shall entail cancellation of the bail.

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Key takeaways

The bail to be granted to the Petitioner is made subject to verification of her criminal antecedent.ratio¶23
If the Petitioner is found to have any similar criminal antecedent, the order shall stand automatically revoked.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 Cr.P.C. sought by the Petitioner in G.R. Case No.903 of 2024 of the Court of the learned J.M.F.C.-City, Cuttack, arising out of Badambadi P.S. Case No.401 of 2024, involving offences punishable under Sections 420 & 506 IPC. The State opposed pre-arrest bail on the ground of the gravity and seriousness of the allegation, the F.I.R. alleging that the Petitioner cheated an innocent purchaser of land by not delivering possession despite payment. Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the Court declined anticipatory bail, but directed that if the Petitioner surrenders and moves for bail before the learned court in seisin within three weeks, she shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper, violation entailing cancellation. The bail was further made subject to verification of the Petitioner's criminal antecedent, the order to stand automatically revoked if she has any similar antecedent.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.605 of 2025

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Sunita Das

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..... Petitioner

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Represented By Adv. - Girija Ballav Das

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-versus-

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State Of Odisha

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.....

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Opposite Parties

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Represented By Adv. – U.C.Jena, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

20.01.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner and learned Counsel for the State. Perused the records.

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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.

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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

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Page 1 of 2.

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that the Petitioner does not have any similar criminal antecedent.

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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.

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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.

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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.

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The ABLAPL is disposed of accordingly.

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Urgent certified copy of this order be granted as per rules.

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( A.K. Mohapatra) Judge

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Anil

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Signature Not Verified Page 2 of 2.

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Jan-2025 19:29:23

Sunita Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunita Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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