Sibanarayan Chhotaray Vs State of Odisha — Cheating and Forgery | Orissa HC (2026)

Sibanarayan Chhotaray Vs State of Odisha — Cheating and Forgery | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: if arrested in connection with Nayapali P.S. Case No.35/2018 corresponding to G.R. Case No.298/2018, the petitioner shall be released on bail by the Arresting Officer upon furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, subject to co-operation with the I.O. in the investigation without default; urgent certified copy to issue as per rules.

Issue for consideration

Whether the petitioner should be granted pre-arrest (anticipatory) bail under Section 482 BNSS in connection with Nayapali P.S. Case No.35 of 2018 corresponding to G.R. Case No.298 of 2018 pending before learned J.M.F.C.-3, Bhubaneswar.

Court's answer

Taking into account the facts and submissions of both sides, the objection of the State recorded, and the fact that the petitioner claimed not to have received the balance payment from opposite party No.2 and hence had not handed over the flat in question, the Court held that he should be granted pre-arrest bail with conditions set out in the operative paragraph.

Ratio / Principle

In the event of arrest in connection with Nayapali P.S. Case No.35/2018 corresponding to G.R. Case No.298/2018, the petitioner shall be released on bail by the Arresting Officer on furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, on the condition that he shall co-operate with the I.O. in the investigation without default.

Detailed headnote1 paragraphs

Pre-arrest bail — Section 482 BNSS — Petitioner sought anticipatory bail in Nayapali P.S. Case No.35 of 2018 corresponding to G.R. Case No.298 of 2018 pending before J.M.F.C.-3, Bhubaneswar, a case under Section 420 I.P.C. with allied offences arising out of a flat-sale dispute with the informant (opposite party No.2); petitioner claimed non-receipt of balance payment and had not handed over the flat; the underlying dispute had been adjudicated before RERA (order dated 22nd January, 2021, Annexure-3) and the subsequent OREAT Appeal No.88 of 2021 preferred by opposite party No.2 stood dismissed; a counter F.I.R. had been lodged from the petitioner's side (Annexure-2); with the State's objection recorded, the Court granted pre-arrest bail, directing that on arrest the petitioner be released by the Arresting Officer on a bail bond of Rs.30,000/- with one solvent surety for the like amount, conditioned on co-operation with the I.O. in investigation without default; ABLAPL disposed of; urgent certified copy ordered.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.973 of 2026

Sibanarayan Chhotaray

…. Petitioner

Mr. Amitav Das, Sr. Advocate

-Versus-

State of Odisha & another

…. Opposite Parties

Mr. S. B. Panda, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

09.03.2026

Order No.

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Nayapali P.S. Case No.35 of 2018 corresponding to G.R. Case No.298 of 2018 pending in the file of learned J.M.F.C.-3, Bhubaneswar on the grounds stated therein.

Perused the F.I.R. as at Annexure-1. The counter F.I.R. has been lodged from the side of the petitioner, a copy of which is at Annexure-2. It is submitted to the Court by learned counsel for the petitioner that the dispute between the parties was taken before RERA and disposed of vide order dated 22^nd January, 2021 at Annexure-3 and appealed thereafter by opposite party No.2 in OREAT Appeal No.88 of 2021, but the same resulted in dismissal. It is claimed that the informant, namely, opposite party No.2 disposed of the core house pending dispute between them. A case under Section 420 I.P.C.

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with other allied offences is registered against the petitioner in connection with the dispute between him and the informant, namely, opposite party No.2. Considering the above facts and submissions of learned counsel for the respective parties with the objection of the State recorded and the fact that the petitioner, who claimed not to have received the balance payment from opposite party No.2, hence, has not handed over the flat in question, this Court is of the view that he should be granted pre-arrest bail with the following conditions stated herein below.

Accordingly, it is ordered.

In the result, ABLAPL is disposed of. It is further directed that in the event, the petitioner is arrested in connection with Nayapali P.S. Case No.35/2018 corresponding to G.R. Case No.298/2018 pending in the file of learned J.M.F.C.-3, Bhubaneswar, he shall be released on bail by the Arresting Officer on furnishing a bail bond of Rs.30,000/(Rupees thirty thousand) with one solvent surety for the like amount with the condition that he shall co-operate the I.O. in the investigation without default.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Sumitra Judge

Signature Not Verified

Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Mar-2026 18:24:53

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