Damodar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1367 of 2022 Damodar Rout ....

Petitioner Mr.A. Pattanaik, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

16.02.2022 01.

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 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Khurda P.S. Case No.53 of 2022 corresponding to G.R. Case No.181 of 2022 pending in the Court of learned S.D.J.M., Khurda for alleged commission of offences under sections 186/379/34 of the Indian Penal Code read with section 51 of the Odisha Minor Mineral Concession Rules, 2004 and section 3(1) of Prevention of Damage to Public

// 2 // Property Act, 1984.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that the petitioner is the owner of the offending truck in which laterite stones were being illegally transported and the same has been seized and the petitioner was not present at the scene of occurrence and the offences are triable by Magistrate and on hearing the learned counsel for the State who submitted that the petitioner has no criminal antecedent, 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 any facts to the Courts or to the Investigating Officer.

// 3 // conditions shall entail cancellation of bail. The ABLAPL is accordingly disposed of.

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

p ( S.K. Sahoo) Judge