Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.7353 of 2025
Usharani Barik … Petitioner Mr. M. Akram, Advocate
-versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 03.07.2025
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 C.T. Case No.1608 of 2024 pending on the file of learned JMFC-II (Cog.Taking), Bhubaneswar, arising out of Infocity P.S. Case No.440 of 2024 for commission of offences punishable under Sections 316(2), 324(5), 318(4), 338, 336(3), 340(2) and 351(2) of BNS, 2023.
3. The allegations in the case at hand relates to the commission of an economic offence. The antecedents of the Petitioner runs thus:-
“1) Lingaraj PS Case No-427/24 U/S- 294/420/506/34 IPC p. 2 2) Airport PS Case No-116/24 U/S- 420/34 IPC 3) Pahala PS Case No-289/23 U/S-420 IPC 4) Laxmisagar PS case No-427/24 U/S- 294/420/506/34 IPC 5) Nayapalli PS case No-340/23 U/S- 419/420 IPC 6) Nayapalli PS case No-480/23 U/S- 120-B/420/467/468/471 IPC 7) Khandagiri PS Case No-581/23 U/S- 420/506/34 IPC 8) Khandagiri PS Case No-523/24 U/S- 420 IPC 9) Lingaraj PS Case No-136/24 U/S- 420/34 IPC 10) Capital PS Case No-602/23 U/S- 420/34 IPC”
4. It is submitted by the learned counsel for the Petitioner that the Petitioner is a victim of the circumstances and only being implicated because he is the wife of one of the accused, namely, Akshya Kumar Gouda. Hence, the Petitioner may be protected by pre-arrest bail.
5.
Learned counsel for the State opposes the prayer for pre-arrest bail.
6.
Learned counsel for the Petitioner submits that vide order dated 15.04.2025 in ABLAPL No.10347 of 2024 the accused, namely, Sambit p. 3 Panda was directed to surrender and seek for bail. Hence, he seeks the release of the Petitioner on pre-arrest bail.
7. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned JMFC-II (Cog.Taking), Bhubaneswar, in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned SDJM, Bhadrak on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned JMFC-II (Cog.Taking), Bhubaneswar, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC-II (Cog.Taking), Bhubaneswar is called upon to transmit the case record to the higher forum in the second hour p. 4 expeditiously in the event of rejection of the bail application by him.
9. Accordingly, the ABLAPL stands disposed of.
10. U.C.C. as per rules.
(V. NARASINGH)
Judge
Jina Designation: Junior Stenographer