Orissa High Court
Santosh Kumar Jena 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. 3169 of 2023
Santosh Kumar Jena .... Petitioner
Mr. B.K. Behera, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. M.K. Mohanty, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.04.2023
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 his alleged involvement in the offences under Sections 379/34of IPC and Section-5(i) OMMC Rules.
3. Perusal of the FIR reveals that while the Informant along with his staff was performing night patrolling duty in Sadar P.S area got information from a reliable source with regard to illegal transportation of laterite stones on the way from Jhinkijhari to Chhatipur through Nandapur. Then the Informant along with staff proceeded to the spot and found that one truck was coming from Nandapur side towards Chhatipur and the Informant stopped the vehicle and the driver could not produce any documents or authorization in respect to transportation of laterite stones. The Informant apprehended the driver and truck and prepared a seizure list.
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4. Learned counsel for the Petitioner submits that the Petitioner is the owner of the vehicle and he has no knowledge about the transportation of laterite stones.
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 Khurda Sadar P.S Case No. 92 of 2023 corresponding to G.R. Case No. 250 of 2023 pending in the court of learned S.D.J.M., Khurda 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. 7000/- (Rupees seven Thousand) only in the manner to be directed by the court to its satisfaction and production of valid registration certificate 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;
(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.Page 2 of 3
// 3 // 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. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Page 3 of 3