Bikash @ Vikash Bansal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7395 of 2022 Bikash @ Vikash Bansal and another ....

Petitioners Mr. Biswajit Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.09.2022 03.

1.

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

2.

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

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.393 of 2022, arising out of Bonai P.S. Case No.103 of 2022 pending in the court of learned S.D.J.M., Bonai for commission of offence punishable under Sections 379/34, I.P.C. read with Subsection 1 of Section 21 of Orissa Mines and Minerals (Development and Regulation) Act, 1957.

5.

It is submitted by learned counsel for the petitioners that as per direction of this Court vide order dated 20.07.2022, the petitioners were directed to cooperate with the Investigating Officer as and when required for the purpose of the investigation. Pursuant to the

// 2 // direction of this Court, the petitioners appeared before the Investigating Officer and produced the documents in support of their contentions.

6.

It is submitted by learned counsel for the State that the petitioners do not have any criminal antecedents. 7.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :

I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

they shall not default in attendance of the court during trial on each date of posting; and III.

while on bail, they shall not indulge in similar criminal activities.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu