Dr. Tarun Katiya vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 8246 Ori

Orissa High Court

Dr. Tarun Katiya vs State Of Odisha .... Opposite Party on 15 September, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                           ABLAPL No.3063 of 2025

        1. Dr. Tarun Katiya              ....          Petitioners
        2. Sh. Akhil Behera
                                           Mr. R.N. Rout, Advocate


                                  -versus-

        State of Odisha                  ....      Opposite Party

                                              Mr. C.R. Swain, AGA
                                         Mr. B. Mohanty, Advocate
                                                       (Informant)

                          CORAM: JUSTICE V. NARASINGH
                                     ORDER

15.09.2025 Order No.

05. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. The Petitioners are seeking pre-arrest bail in connection with Sadar (Bolangir) P.S. Case No.81 of 2025 for commission of offences punishable under Sections 318(4)/3(5) of BNS.

3. It is submitted by the learned counsel for the Petitioners that the F.I.R is intrinsically connected to the agreement dated 15.03.2022 on record and it is stated that the Informant themselves have not adhered to the terms of the agreement on account of their contractual obligation, the informant is liable to pay a substantial sum to the Petitioners.

And, to wriggle out of the same, the Petitioners have been falsely implicated.

4. Learned counsel for the State opposes such prayer.

5. On the query of this Court regarding the agreement which has been referred in the F.I.R, it is submitted by the learned counsel for the Informant that the same has not attained finality.

6. Taking into account the nature of allegations and keeping in view the judgment of the Apex Court in the case of Radheyshyam and Others Vrs. State of Rajasthan and another, reported in, 2024 SCC Online SC 2311, this Court is persuaded to hold that contractual obligation has been given the colour of criminality. Hence, this Court directs 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.

7. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

8. Accordingly, the ABLAPL stands disposed of.

9. U.C.C as per rules.

Signed by: SOUMYA RANJAN SAMAL Reason: Authentication (V. NARASINGH) Location: High Court of Orissa Date: 17-Sep-2025 12:21:28 Judge Soumya