Narmada Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13887 of 2022 Narmada Parida ....

Petitioner Mr. Pradeep Kumar Das, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

15.11.2022 02.

1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for her alleged involvement in the offences U/s. 379/411, I.P.C. and Section 21 of the M.M.D.R. Act in connection with Basudevpur P.S. Case No.492 of 2022 corresponding to G.R. Case No.962 of 2022 pending in the Court of learned J.M.F.C., Basudevpur.

3. Learned counsel for the Petitioner submits that the Petitioner is a lady, who is the owner of the Truck bearing Registration No. OD 21H 4031. He further submits that there is no direct allegation against the present Petitioner for having participated in the alleged crime except that she is the owner of the Truck involved in carrying the stolen coal. Learned counsel for the Petitioner further submits that the Petitioner has no criminal antecedents too, but she is

// 2 // apprehending arrest for the fact that the vehicle of which she is the owner, was involved in the alleged incident, and accordingly she submits for consideration of her bail.

4. The present Petitioner being the owner of the vehicle cannot absolve herself from the alleged theft of coal transported in the vehicle, as alleged in the F.I.R. This Court, therefore, is not inclined to grant anticipatory bail to the Petitioner.

5. Accordingly, the prayer for bail is rejected and the ABLAPL is dismissed.

( Chittaranjan Dash ) Judge S.K. Parida