Ashok Kumar Nahak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1224 of 2022 Ashok Kumar Nahak ....

Petitioner Ms. Aditi Hota, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.02.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.228 of 2022 arising out of Talcher P.S. Case No.74 of 2022 pending in the Court of learned S.D.J.M., Talcher for alleged commission of offences under sections 379/120-B of the Indian Penal Code, section 12 of the Odisha Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1989 and section 21 of the Mines and Minerals (Development and Regulation)

// 2 // Act, 1957.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that the first information report was lodged against unknown person and the offending truck along with the coal has already been seized and in view of the nature of accusation, the petitioner may be granted anticipatory bail.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and the role played by the petitioner in the alleged offences, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the

// 3 // Investigating Officer.

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

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM