Satyabrata Prusty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7115 of 2022 Satyabrata Prusty ....

Petitioner Mr. Arijeet Mishra ,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.08.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is the driver of the Tractor and he was illegally transporting coal. It is further submitted by the learned counsel for the Petitioner that the Petitioner does not have criminal antecedent of similar nature.

5.

Considering the nature of allegations made, gravity of the 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

// 2 // event the Petitioner surrenders before the learned J.M.F.C.-cumN.G.N.Sukinda in C.T.Case No.257 of 2022 arising out of Sukinda P.S. Case No.112 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with the further condition that while on bail the Petitioner shall not indulge in similar nature of offence. In the event it is found that the Petitioner is indulging in similar nature of offence then this order shall stand revoked and it is open for the learned Court to proceed in accordance with law.

6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS