Allowed

Nilima Lenka v. State of Odisha

Orissa HC2 Feb 2024BLAPL/3188/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner, Nilima Lenka, in a bail application under Section 439 Cr.P.C., considering her gender, prolonged custody, and slow trial progress.

What did the court decide?

The petitioner was released on bail by furnishing a bond of Rs.50,000 with two local solvent sureties, subject to conditions prohibiting criminal activity and tampering with witnesses.

Nilima Lenka Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3188 of 2023

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Nilima Lenka

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…. Petitioner

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Mr. B.N. Mohanty, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. P.B. Tripathy, Addl. Standing Counsel

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Order No.

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Mr. A.K. Chaudhury, advocate
for the Bank
CORAM:
JUSTICE S.K. SAHOO
ORDER
02.02.2024
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Bank.

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This is an application for bail under section 439 of Cr.P.C. in connection with Lalbag P.S. Case No. 294 of 2020 corresponding to S.T. No. 06 of 2023 pending in the file of learned C.J.M. cum- Asst. Sessions Judge, Cuttack for alleged commission of offences under sections 395/411/412/409/120-B/420/34 of the Indian Penal Code.

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The bail application of the petitioner was rejected

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// 2 //

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by the learned 2^nd Addl. Sessions Judge, Cuttack vide order dated 15.01.2021.

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Learned counsel for the petitioner submits that the petitioner was taken into judicial custody in connection with this case on 20.11.2020 and out of one hundred forty two charge sheet witnesses, only eight witnesses have been examined so far even though charge was framed on 09.02.2023. He further submits that the coaccused persons, namely, Prakash Kumar Sahoo, Satyam Pradhan and Saroj Kumar Prusty have been granted by this Court whereas co-accused Lalit Kumar Soni has been granted bail by the Hon’ble Supreme Court. He files the copies of the bail orders with a memo, which are taken on record. Learned counsel further submits that the eight witnesses examined so far have not stated anything against the petitioner and in view of the slow progress of trial and release of co-accused persons on bail, the bail application may be favourably considered.

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Learned counsel for the State as well as learned counsel for the Bank opposes the prayer for bail and submits that if the petitioner is enlarged on bail, there is every chance of tampering with the evidence.

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Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the slow progress of trial, release of the co-accused persons on bail and since the petitioner is a lady, keeping in view the proviso to

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Page 2 of 3

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// 3 //

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section 437(1) of Cr.P.C., I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court when the case would be posted for trial and shall not try to tamper with the prosecution witnesses.

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Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge

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PKSahoo

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Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 05-Feb-2024 12:45:43

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Nilima Lenka v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nilima Lenka v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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