ABLAPL/10275/2026 of PRIYANKA JALAN @ PRIYANKA JALANI Vs STATE OF ODISHA on 10 September 2026

ORDER

10.09.2026

01.

1. Learned counsel Mr. A. Mishra & associates have entered appearance on behalf of the Informant. The vakalatnama is taken on record.

Name of learned counsel Mr. A. Mishra & associates appearing for the Informant, be reflected in the file, cause list as well as Web Portal of this Court.

2. Heard learned Senior Counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.

3. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.4979 of 2019 pending on the file of the learned J.M.F.C.-IV, Bhubaneswar arising out of Laxmisagar P.S. Case No.301 of 2019, for commission of offences punishable under sections 420/34 of IPC.

4. This is the third journey of the Petitioner to this Court.

5. It is submitted by the learned counsel for the Petitioner that a business transaction inter se between the parties being given the colour of criminality and the Petitioner who is a lady facing imminent threat of arrest.

6. It is submitted by the learned counsel that the husband of the Petitioner is in custody and the entire allegation is against him and therefore the petitioner may be protected.

7. Learned counsel for the State as well as Informant oppose the prayer for pre-arrest bail and submit that a contractual obligation is being given the colour of criminality in as much as it is brought to the notice of this Court that there was accusation of the land in question in the year 1997 and the Petitioner and her husband had received the compensation and notwithstanding the same, they have duped the Informant and promising to transfer the said land, they have taken a sum of Rs.92 Lakh.

8. In such view of the matter, this Court is of the considered view that the intention to cheat was there from its inception, so it cannot be said to a case where a contractual obligation is given a twist of criminality and that the Petitioner having issued the cheques and they having bounced and the pendency of the proceeding under Section 138 of NI Act cannot be a ground to seek pre-arrest bail.

9. In view of the same, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C.- IV, Bhubaneswar in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C.- IV, Bhubaneswar on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C.-IV, Bhubaneswar, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

10. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.

The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.-IV, Bhubaneswar is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of parity, if any, may be considered by the learned court(s) below.

11. The ABLAPL is accordingly disposed of. U.C.C. as per rules.

(V. NARASINGH) Ayesha

Judge Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 13:53:54 Signature Not Verified