Prasanta Kumar Rana v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13258 of 2022 Prasanta Kumar Rana ....
Petitioner Mr. B.K. Mohanty, Advocate -versusState of Odisha ....
Opp. Party Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
17.10.2022 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 C.T. Case No.1551 of 2022, arising out of Dharmasala P.C. Case No.546 of 2022 pending in the court of learned J.M.F.C., Chandikhole for commission of offences punishable under Sections 379/34, I.P.C. red with Section 21 of the Mine & Minerals (Regulation of Development Act), 1957.
5.
It is submitted by learned counsel for the petitioner that the petitioner is the owner of the vehicle and he has no knowledge about the alleged materials were transporting illegally in the said vehiclde. It is submitted by learned counsel for the petitioner that the petitioner
// 2 // 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 petitioner. However, it is directed that in the event the petitioner surrenders and moves 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, 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; and 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.
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. Case diary be made available on the date of surrender of the petitioner before the leaned court below.
8.
Further, it is directed that the petitioner shall give 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 stand automatically
// 3 // revoked.
9.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu