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2025 DAILYLAW 95 (ORI)

LAXMI PRIYA JENA v. STATE OF ODISHA

ABLAPL/8386/2025 · 2026-01-12

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8386 of 2025 Laxmi Priya Jena …. Petitioner Ms. Deepali Mohapatra, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S.K. Bramha, ASC Mr. S.K. Sarangi, Sr. Advocate (O.P. No.2) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.01.2026 07. 1. Heard Ms. Mohapatra, learned counsel for the petitioner and Mr. Bramha, learned ASC for the State besides Mr. Sarangi, learned Senior Advocate appearing for the informant, namely, opposite party No.2. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Badagad P.S. Case No.203 of 2025 corresponding to C.T. Case No.363 of 2025 pending in the file of learned J.M.F.C. (COG-IV), Bhubaneswar on the grounds stated therein. 3. Recorded the submission of Mr. Sarangi, learned Senior Advocate appearing for the informant, namely, opposite party No.2. It is alleged that the petitioner is involved and a repeat offender and hence, she should not be allowed to go on bail. In response to the above, Ms. Mohapatra, learned counsel for the petitioner would submit that the husband of the petitioner, namely, Artabandhu Jena has been granted bail by the learned Sessions Judge, Khurda in B.A. No.1183 of 2025 and while claiming so, she produced a copy of the order dated 9th July, 2025 passed therein. Furthermore, it is brought to the notice of this Court with reference to the additional affidavit as at Flag-B that the informant himself has entered into an agreement for sale with the purchaser and refers to a copy of the Certificate of Encumbrance with the mutation having taken place. A copy of the ROR is at Annexure-3 to the additional affidavit at Flag-B. 4. Recording the above submissions and since the accused husband is on bail by the order of the learned Sessions Judge dated 9th July, 2025, the petitioner, who happens to be running a company with her husband and the fact that the informant himself has entered into an agreement with the mutation in respect of the property involved revealed from Annexure-3, this Court though not inclined to grant pre-arrest bail but directs her to surrender before the court concerned to go on bail. 5. Accordingly, it is ordered. 6. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders within a fortnight from today in connection with Badagad P.S. Case No.203 of 2025 corresponding to C.T. Case No.363 of 2025, she shall be released on bail subject to her furnishing bail bond of Rs.1.00 lac (Rupees One Lac) with one solvent surety for the like amount to the satisfaction of learned J.M.F.C. (COG-IV), Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, she shall not involve herself in similar criminal activities in future after being released. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok