RASANANDA ROUT & ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Addl. Government Advocate. The Petitioner is apprehending arrest for the alleged commission of offence under Section 498-A of the I.P.C. As yet no F.I.R. has been lodged. Learned counsel for the petitioner relies upon the reported case of Siddharam Setlingappa Mhetre V. State of Maharashtra & others, 2011 48 OCR 1; wherein the Supreme Court has taken into consideration the case of Gurbaksh Singh Sibbia & others V. State of Punjab, 1980 2 SCC 565 and held that filing of an F.I.R. is not a condition precedent to the exercise of power under Section 438, Cr.P.C. Learned Counsel for the petitioner brings attention of the Court that at paragraph 4 of the petition, the petitioner has stated that on 28.04.2014 Kabita Nayak with her boy friend and some other hired goondas had been to the quarter of petitioner No. 1 and demanded cash of Rs. 5,00,000/- lest a F.I.R. will be lodged in Mahila Police Station to arrest all the family members. It is contended by the learned counsel for the petitioners that petitioner No. 1 is an ex-serviceman and is suffering from Cancer at this moment.

(2.) Keeping in view the aforesaid consideration, the application for bail is allowed. It is directed that in the event of arrest of the petitioners by the officers of the Mahila Police Station, Cuttack in connection with any F.I.R. lodged by said Kabita Naik or by any of her relations under Section 498-A of the I.P.C. and allied offences, the petitioners shall be released on bail on such terms and conditions as deemed just and proper by the Arresting Officer. The Bail Application is accordingly disposed.