Sukanta Kumar Bisoyi vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 6569 Ori

Orissa High Court

Sukanta Kumar Bisoyi vs State Of Odisha .... Opposite Party on 2 April, 2025

Author: V. Narasingh

Bench: V. Narasingh

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                        ABLAPL No. 3453 of 2025

        Sukanta Kumar Bisoyi              ....                 Petitioner
                                 Ms. K.R. Choudhury, Advocate
                                     -versus-

        State of Odisha                   ....          Opposite Party
                                                Mr. S.K. Lenka, ASC

                        CORAM: JUSTICE V. NARASINGH
                                        ORDER

02.04.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with Udit Nagar P.S. Case No.24 of 2025 pending in the learned Court in seisin, for commission of offences punishable under Sections 465/467/468/471 of IPC.

3. It is submitted by the learned counsel for the Petitioner that taking into account the nature of allegations which are more or less based on documentary evidence, custodial interrogation is not necessary.

4. It is submitted by the learned counsel that on similar allegations, two WPCRLs have been filed at the instance of the Petitioner as well as the Informant.

5. The WPCRL No.46 of 2022 was filed by the Petitioner and WPCRL No.39 of 2022 was filed by the Informant.

6. Learned counsel for the Petitioner draws the attention of this Court to the judgment dated 16.03.2023 wherein the two WPCRLs have been disposed of by common order and similar allegations were also made in the said WPCRLs, which was noted in paragraph-7 of the said order dated 16.03.2023. The relevant extract of Paragraph-7 runs thus:-

".........The petitioner in WPCRL No.39 of 2022 has categorically disputed the claim of the marriage of the Opposite Party No.4 with Joginder Kaur and stated that to substantiate such claim, some documents including the birth certificate of Aangad Gurtej have been manipulated.......Such allegation, according to the Opposite Party No.4, is malicious and without foundation........."

7. It is apt to note that this Court had categorically observed that both the writ petitioners are at logger head over the claim of the custody of the minor children.

8. Taking into account the background in which the allegations have been labeled in the FIR, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be

released on bail by the learned Court in seisin on such terms as deemed just and proper.

9. Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof.

10. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

11. Accordingly, the ABLAPL stands disposed of.

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

(V. NARASINGH) Judge

Ayesha

Location: High Court of Orissa, Cuttack