Bijaya Nanda Das @ Bijayananda vs State Of Odisha .... Opp. Party on 28 March, 2023

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Orissa High Court

Bijaya Nanda Das @ Bijayananda vs State Of Odisha .... Opp. Party on 28 March, 2023

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No. 2748 of 2023

               Bijaya Nanda Das @ Bijayananda ....            Petitioner
               Das
                                             Mr. B.K. Behera, Advocate
                                            -versus-
               State of Odisha                         ....             Opp. Party
                                                              Mr. S. Patra, ASC.

                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                            ORDER

Order No. 28.03.2023

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 379/34 of IPC and Section-51 of OMMC Rules.

3. Perusal of the FIR reveals that while the Informant along with his staff were performing night patrolling duty in Sadar P.S Area, at about 3.30 A.M got an information from a reliable source with regard to illegal transportation of laterite stone at Anda Area. Then the Informant along with his staff proceeded to the spot and found one numberless Tractor loaded with laterite stone was coming from Anda side towards Khordha then they stopped the tractor and on seeing the police personnel the co-accused person (driver of the said Tractor) managed to escape away from the spot and the Informant seized the said vehicle.

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4. Learned counsel for the Petitioner submits that the present Petitioner is the owner of the said vehicle and he has no direct knowledge of the involvement of his vehicle in the alleged offence.

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. 39 of 2023 corresponding to G.R. Case No. 113 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. 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 his 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.

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// 3 // Violation of any of the conditions shall entail cancellation of bail.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo Page 3 of 3

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