Tapaswini Parida Vs State of Odisha

the file of learned S.D.J.M, Puri, arising out of Chandanpur P.S. Case No.171 of 2024 for commission of offences punishable under Sections 294/ 34/ 341 /419/ 420/ 506 of IPC.

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It is submitted by the learned counsel for the Petitioners that the dispute arises out of non-supply of paddy and the alleged offence is essentially an offshoot of a contractual obligation inter se between the parties. The F.I.R in question ought not to have been registered in the given facts and circumstances and more so since the Petitioners do not have any criminal antecedent, the Petitioners may be protected by pre-arrest bail

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Per contra, learned counsel for the informant submits that the transaction relates to the year 2022 though in the meanwhile 3 years have lapsed, the Petitioners are not paying the amount which is the legitimate due to the informant, and considering the matter in this background and in the backdrop of the time that has lapsed, it cannot be reasonable said that the Petitioners had the mens rea from inception not to honour their commitment.

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Though this Court is conscious of the guidelines of the Apex Court while dealing with matters which are offshoots of contractual disputes, in the given facts of the present case, this Court is not persuaded to hold that the Petitioner in ABLAPL No.8534 of 2025 (Lalita Mohan Pradhan) is entitled to be exceptional remedy of prearrest bail.

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Hence, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner in ABLAPL No.8534 of 2025 (Lalita Mohan Pradhan) surrenders before the learned Court in seisin and moves an application for his release on bail, the same shall be considered on its own merit. 8. So far as the Petitioner in ABLAPL No.8414 of 2025 (Tapaswini Parida) is concerned, taking into account the submission made by the learned counsel for the Petitioner in ABLAPL No.8414 of 2025 (Tapaswini Parida) is that she has been cited as an accused only because she is the spouse of the Petitioner in ABLAPL No.8534 of 2025 (Lalita Mohan Pradhan), it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner in ABLAPL No.8414 of 2025 (Tapaswini Parida) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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