Balia @ Balaram Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15400 of 2022 Balia @ Balaram Pradhan ....

Petitioner Mr. J.K. Khandayatray, Advocate -versusState of Odisha ....

Opp. Party Mr. S.S. Pradhan,, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party.

3.

The Petitioner is seeking pre-arrest bail in connection with Jankia P.S. Case No.401 of 2022, corresponding to G.R. Case No.10 of 2022, pending in the Court of learned J.M.F.C., Khurda, registered for alleged commission of offences punishable under Sections 379/411/34 of the I.P.C. read with Section 51 of the Orissa Minor Minerals Concession Rules, 2004 and Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1989.

4.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders and moves an application for bail before the Court in seisin over the matter within a period of three weeks from today in

// 2 // the aforesaid case, the Court in seisin over the matter shall release him on bail on such terms and conditions as it would be deemed just and proper including the condition that the Petitioner shall furnish cash security of Rs.5,000/- (rupees five thousand) before the trial court and shall not indulge in similar or any criminal activities while on bail. Violation of any of the terms and conditions shall entail cancellation of bail.

5.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Debasis