Orissa High Court
Narendra Kumar Sahu vs State Of Odisha .... Opposite Party on 16 May, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4837 of 2024
Narendra Kumar Sahu .... Petitioner
Mr. D.R. Mohapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 16.05.2024
01. 1. Heard the learned counsel for the Petitioner and the State.
2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s.279/337/420/272/273, IPC read with Section 20 of the COTPA Act in connection with Padmapur P.S. Case No.58 of 2024 corresponding to G.R. Case No.44 of 2024 pending in the court of the learned J.M.F.C., Padmapur.
3. As seen from the case record, the vehicle which was initially met with the accident, the offence under Sections 279/337, IPC was arrayed to it. But, subsequently since the vehicle was carrying Tabacco (Pan-Masala), offence under Sections 279/337/420/272/ 273, IPC read with Section 20 of the COTPA Act have been arrayed to it.
4. Keeping in view the fact that there is no preliminary test of the product showing it to be spurious and the Petitioner is having Page 1 of 2 Registration Certificate of Govt. of Odisha with the affiliation from FSSAI for manufacturing tobacco product and the vehicle was allegedly to be carrying Harida khandi Mawa Masala, it is directed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Padmapur in G.R. Case No.44 of 2024 within a period of three weeks from today, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to verification of the criminal antecedents of the Petitioner, besides the further condition of depositing cash of Rs.10,000/- (Rupees Ten Thousand) by the Petitioner in the court in seisin over the matter.
5. If any criminal antecedent is found against the Petitioner besides the present case, this order shall not be given effect to.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 18-May-2024 14:01:21 Page 2 of 2