Orissa High Court
Aswini Kumar Samantaray vs State Of Odisha .... Opp. Party on 30 August, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8864 of 2024
Aswini Kumar Samantaray .... Petitioner
Mr. R.R. Ray, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 30.08.2024
01. 1. Heard 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. 379/34 of IPC, R/w. Section 51 of the OMMC Rules, 2016 and Section 12 of the OMMPTS Act 1989, Sections 3/4 of the Explosive Substances Act.
3. Learned counsel for the Petitioner submits that the present Petitioner is the owner of the alleged vehicle and there is no criminal antecedent stands to the credit of the present Petitioner.
4. Considering the submission of the learned counsel for the Petitioner, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection to Page 1 of 2 // 2 // Khordha Sadar P.S Case No.111 of 2023 corresponding to G.R Case No.305 of 2023 pending in the court of learned S.D.J.M., Khordha within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to cash deposit of Rs.7,000/- (Rupees Seven Thousand) in the manner to be directed by the court to its satisfaction and production of a valid registration certificate in favour of the Petitioner.
5. It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In case antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 31-Aug-2024 10:26:18 Page 2 of 2