Sarat Chandra Tripathy v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13130 of 2022 Sarat Chandra Tripathy ....
Petitioner Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Patra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
13.10.2022 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.1381 of 2022, arising out of Jankia P.S. Case No.302 of 2022 pending in the court of learned S.D.J.M., Khurda for commission of offences punishable under Sections 379/411/34, I.P.C. read with Section 12 of Mines and Minerals (Prevention of Theft Smuggling Act, 1988) and Section 51 of Odisha Minor Minerals Concessions Rules, 2004.
5.
Considering the nature of allegation, 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 surrenders and moves an application for bail before the learned court
// 2 // 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 subject to condition that he shall furnish cash security of Rs.5,000/- (rupees five thousand) with further conditions that besides other conditions would be imposed by the learned court below while releasing the petitioner on bail with further conditions that :- I.
The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.
he shall not indulge in similar criminal activities while on bail.
Violation of any of the terms and conditions shall entail cancellation of bail.
6.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu