Orissa High Court
Bhagaban Routray vs State Of Odisha .... Opp. Party on 10 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3142 of 2023
Bhagaban Routray .... Petitioner
Mr. Bijaya Kumar Behera, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S. Patra, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.04.2023
01. 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, CrPC in anticipation of arrest for his alleged involvement in the offence under Sections 379/411/34 of IPC, Section 51 of Orissa Minor Minerals Concession Rules, 2004 and Section 12 of Orissa Mines and Minerals (Prevention of Theft Smuggling Activities) Act, 1989 in connection with Jankia PS Case No.96 of 2023 corresponding to GR Case No.272 of 2023 pending in the court of learned SDJM, Khurda.
3. It is alleged that the Petitioner was transporting illegal laterite stone quarry. The driver fled away from the spot.
4. Learned counsel for the Petitioner submits that the present Petitioner is the owner of the quarry and not present at the spot. The driver has been released on bail.
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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, shall be admitted on such terms and conditions as would be deemed just and proper, so also the condition that the Petitioner shall tender an undertaking that he shall not engage his vehicle in carrying / transporting any articles including stone in any manner without proper documentation subject to deposit of Rs.7000/- (Rupees Seven Thousand) in the manner to be directed by the court to its satisfaction and he shall be released on such terms and conditions as would be deemed just and proper by the said court with the following further conditions:-
(i) The Petitioner shall appear before the I.O. once in a week on such date and time to be fixed by the I.O. concerned till submission of Charge-Sheet and shall cooperate with the investigation as and when required in case no final form is furnished;
(ii) he shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial;
(iii) violation of any of the conditions shall entail cancellation of bail.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge AKPradhan Page 2 of 2