Kumudini Subudhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14696 of 2022 Kumudini Subudhi ....

Petitioner Mr. Achyutananda Pattanaik, Advocate -versusState of Odisha ....

Opp. Party Mr. Bebasis Biswal, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

19.12.2022 02.

1. Heard the learned counsel for the Petitioner and the State.

2. By means of this application, the Petitioner seeks grant of bail under Section 438, Cr.P.C. in anticipation of arrest for her alleged involvement in the offence under Sections 379/411/34, I.P.C. and Section 51(1) of Orissa Minor Minerals Concession Rules, 2016 in connection with Bolgarh P.S. Case No.274 of 2022 corresponding to G.R. Case No. 1843 of 2022 pending in the Court of learned S.D.J.M., Khurda.

3. Learned counsel for the Petitioner submits that the present Petitioner is a woman and owner of the alleged vehicle.

4. Learned counsel for the State, on the direction of the Court, while obtained the up-to-date Case Diary, stated no criminal antecedent appearing against the present petitioner.

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5. In such view of the matter, this Court while not inclined to grant anticipatory bail, directs that in the event the Petitioner surrenders before the court in seisin over the matter and moves for bail, the learned court shall consider her application keeping in view the fact that she is a woman and there is no criminal antecedent stands to her credit, and shall dispose of the bail application of the petitioner on the same day.

6. In case the court intends to grant bail, shall do so on such terms and conditions as would be deemed just and proper, so also with the conditions that the Petitioner shall tender an undertaking that she shall not engage her vehicle in carrying / transporting any articles including stone in any manner without proper documentation.

7. Violation of the terms and conditions shall entail the bail automatically stands cancelled.

8. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge BKShoo/AKPradhan