Kanhu Rautaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9564 of 2022 Kanhu Routaray and another ....

Petitioners Mr. J. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.08.2022 01.

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.401 of 2022, arising out of Tangi P.S. Case No.94 of 2022 pending in the court of learned N.G.N-cum-J.M.F.C., Tangi for commission of offence punishable under Sections 379/34, I.P.C. read with Section 51 of Orissa Mines and Minerals Concession Rules, 2004.

5.

It is submitted by learned counsel for the petitioners that the petitioners are the owner of the vehicle in which the literate stone was transported illegally. It is further submitted by learned counsel for the petitioners that the petitioners have no knowledge about the

// 2 // authenticity of the transaction and they are running the vehicle on hired basis for transportation. It is also submitted that the petitioners do not have any criminal antecedents.

6.

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 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.

7.

Further, it is directed that the petitioners shall given an undertaking before the learned court below that while releasing on bail, they will ensure that the vehicle will not involve in similar nature of offences failing which this order shall automatically revoked.

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

8.

It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 9.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu

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