Orissa High Court
Kalyani Barisal @ Samantaray vs State Of Odisha .... Opp. Party on 4 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 2983 of 2023
Kalyani Barisal @ Samantaray .... Petitioner
Mr. A.S. Paul, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. M.K. Mohanty, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 04.04.2023
01. 1. Heard learned counsel for the Petitioner and for the State.
2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for her alleged involvement in the offences under Sections 379/411/34 of IPC and Section-51 of Orissa Minor Minerals Concession Rules and 12 of Orissa Mines and Mineral (Prevention of Theft Smuggling Activities) Act.
3. Perusal of the FIR reveals that while the Informant along with his staff doing patrolling duty in Jankia area, they received an information regarding illegal transportation and cutting of laterite stone by the tractor and power trailer was going on from an illegally quarry near Kalabati Mouza, Mota area. To verify the information the police party proceeded towards the spot and found one tractor loaded with laterite stones and power trailer cutting the laterite stones. Seeing the police party all of them fled away from the spot and the police could able to seize the tractor bearing Regd No. OD-
// 2 // 02-W-6922 and having trailer Registration No. OD-02-W-6923 and a motor cycle bearing Regd No. OR-02-AQ-0148 and another motor cycle bearing Regd No. OR-02-AJ-7029 and the police parity could able to apprehend the driver of the vehicles and forwarded them.
4. Learned counsel for the Petitioner submits that the Petitioner is the owner of the tractor bearing Regd No. OD-02-W-6922 and having power trailer Registration No. OD-02-W-6923. He further submits that the Petitioner is no way connected with the crime and has been falsely implicated in this case.
5. 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 Jankia P.S Case No. 39 of 2023 corresponding to G.R. Case No. 101 of 2023 pending in the court of learned J.M.F.C.(Cog)., Khurda within a period of three weeks hence, she 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. 5000/- (Rupees Five Thousand) only in the manner to be directed by the court to its satisfaction with further conditions as follows:-
(i) The Petitioner shall not engage their vehicle in carrying/transporting any articles including stone/ minerals in any manner without proper documentation;Page 2 of 3
// 3 //
(ii) shall appear in person before the learned court below on each date of posting of the case;
(iii) shall appear before the I.O. once in a week on such date and time to be fixed by the I.O concerned and shall cooperate with the investigation as and when required;
(iv) shall not tamper with the prosecution evidence in any manner whatsoever;
(v) shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail.
Violation of any of the conditions shall entail cancellation of bail.
6. 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.
7. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Page 3 of 3