Muktikanta Bhujabal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6977 of 2022 Muktikanta Bhujabal ....

Petitioner Mr. A.K. Parida, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.07.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner seeking pre-arrest bail in connection G.R. Case No.330 of 2022, arising out of Delanga P.S. Case No.123 of 2022 pending in the court of learned J.M.F.C., Pipili for commission of offence punishable under Sections 379/411/34 of I.P.C. read with Section 51(1)(i) of the Orissa Minor Minerals Concessions Rule, 2004. 5.

Considering the nature of allegations and taking into account that even though, F.I.R. was lodged by the I.I.C. Delanga Police Station. It is submitted by learned counsel for the petitioner that the petitioner is the driver of the vehicle and on instruction of the owner of the vehicle, the vehicle was used for transporting laterite stone from the Aragda side towards Golapada side which was found that the same has been

// 2 // transported illegally.

6.

Considering the submissions made by learned counsel for the petitioner, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge