Prasanta Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16760 of 2021 Prasanta Pradhan ....
Petitioner Mr. N. Sahani, Advocate -versusState of Odisha ....
Opp. Party Smt. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
27.01.2022 01.
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.537 of 2021 arising out of Tangi P.S. Case No.513 of 2021 pending in the Court of learned N.G.N. -cum- J.M.F.C., Tangi for alleged commission of offences under sections 379/411/34 of the Indian Penal Code read with section 68 of the Odisha Minor Mineral Concession Rules, 2004.
Perused the F.I.R.
// 2 // Considering the submission made by the learned counsel for the petitioner that the petitioner is the registered owner of the offending vehicle and that he has been entangled in the case basing on the confessional statement of co-accused Muna Baral, the fact that the offences are triable by Magistrate and the further fact that Odisha Minor Mineral Concession Rules, 2004 has been superseded by Odisha Minor Mineral Concession Rules, 2016 which was notified in the Odisha Gazette on 14.12.2016 and on hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
// 3 // Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. RKM ( S.K. Sahoo) Judge