High CourtsSingle Bench(2024) 06 OHC CK 0064

Kalpana Yadav vs State Of Odisha

Orissa High Court · Decided on 11 June 2024

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5775 Of 2024 & Bail Application No. 5777 Of 2024

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Judgment

10 paragraphs · 255 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 5.4.2024 in connection with Raghunathpalli P.S. case No.191/2024, corresponding to G.R. Case No.1039/2024, pending before the learned S.D.J.M.,Panposh, for the alleged commission of the offence under Sections 420/506/294/34 of IPC. It is alleged that the Petitioner took hand loan from the informant on several occasions on several pretexts, but did not return the money.

4.

Learned counsel for the Petitioner submits that the prosecution case even if accepted on the face value would reveal purely a civil dispute and that the criminal proceeding cannot be utilized for recovery of money.

5.

Learned State Counsel opposes the prayer for bail by submitting that the Petitioner is a habitual offender.

6.

Considering the nature of accusations, the submissions made and the materials on record, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that she shall personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said court to pass necessary orders to take her to custody again by issuing N.B.W.

7.

The BLAPL is disposed of.

8.

Urgent certified copy of this order be granted on proper application.

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