Bibekananda Ray v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10323 of 2022 Bibekananda Ray ....
Petitioner Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....
Opp. Party Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
02.09.2022 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 is seeking pre-arrest bail in connection with G.R. Case No.1315 of 2022, arising out of Jankia P.S. Case No.294 of 2022 pending in the court of learned S.D.J.M., Khurda for commission of offence punishable under Sections 379/411/34, I.P.C. read with Section 12 of Orissa Mines and Mineral (Prevention of Theft Smuggling Activities Act, 1989 and Section 51 of Odisha Minor Minerals Concession Rule, 2004.
5.
It is submitted by learned counsel for the petitioner that the petitioner is the owner of the vehicle which was engaged for transporting laterite stones and he does 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
// 2 // petitioner. However, it is directed that in the event the petitioner surrenders before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.
The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;
II.
he shall not default in attendance of the court during trial on each date of posting;
Violation of any of the terms and conditions shall entail cancellation of bail.
7.
Further, it is directed that the petitioner shall given an undertaking before the learned court below that while releasing on bail, he will ensure that the vehicle will not involve in similar nature of offences failing which this order shall automatically revoked. 8.
It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has any criminal antecedents of similar nature. In the event it is found that the petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 9.
It is open for the learned court below, if the petitioner fails to comply the aforesaid conditions, then the learned court below shall proceed against the petitioner in accordance with law. 10.
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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