Kausalya Dash vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 7009 Ori

Orissa High Court

Kausalya Dash vs State Of Odisha .... Opposite Party on 11 April, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                          ABLAPL No. 2616 of 2025

             Kausalya Dash                ....           Petitioner
                                         Mr. J.K. Majhi, Advocate

                                    -versus-

             State of Odisha              ....      Opposite Party
                                               Mr. S.K. Lenka, ASC

                         CORAM: JUSTICE V. NARASINGH

                                   ORDER

11.04.2025 Order No.

02. 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.464 of 2005 pending on the file of learned J.M.F.C. (City), Balasore arising out of Khantapada P.S. Case No.66(2) of 2005 for commission of offences punishable under Sections 304/314/34 of IPC.

3. It is stated at the Bar that the Petitioner had moved this Court in BLAPL No.8749 of 2005 and the same was disposed of by order dated 02.12.2005.

4. It is submitted that the Petitioner has filed the present ABLAPL, since charge sheet has been filed against her and in view of the observation of this Court that in the event charge sheet is filed, she has to move again.

5. It is apt to note here that in the meanwhile the legal position has been set at rest by the judgment of the Apex Court in the case of Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 at paragraphs 91.1 and 91.2.

6. In that view of the matter, the apprehension of the Petitioner of arrest is misconceived.

7. Accordingly, the ABLAPL is disposed of as not maintainable.

(V. NARASINGH) Judge Santoshi

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack Date: 15-Apr-2025 20:00:55