Fakir Charan Routaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14733 of 2022 Fakir Charan Routray & Others .... Petitioners Mr. M. K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

15.12.2022 02.

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

2. By means of this application, the Petitioners seeks grant of bail under Section 438, Cr.P.C. in anticipation of arrest for their alleged involvement in the offence under Sections 379/34, I.P.C. read with Section 59 of the M.M.C.R. Act in connection with Begunia P.S. Case No.271 of 2022 corresponding to G.R. Case No.1728 of 2022 pending in the Court of learned S.D.J.M., Khurda.

3. Learned counsel for the State submits that the Petitioners do not have any criminal antecedent.

4. In such view of the matter, this Court while not inclined to grant anticipatory bail, directs that in the event the Petitioners surrender before the court in seisin over the matter and move for bail, the learned court shall consider his application keeping in view the fact that there is no criminal antecedent stands to their credit and shall

// 2 // dispose of the bail application of the Petitioners on the same day. 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 Petitioners shall tender an undertaking that they shall not engage their vehicle in carrying/transporting any stolen articles including stone in any manner but with proper documentation. Violation of the terms and conditions shall entail the bail automatically stands cancelled.

5. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge AKPradhan