Orissa High Court
Kamini Champati vs State Of Odisha .... Opp. Party on 21 March, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 2430 of 2023
Kamini Champati .... Petitioner
Mr. P.K. Khatei, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S. Patra, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 21.03.2023
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 her alleged involvement in the offences under Sections 379 of IPC and Seection-51 OMMC Rules.
3. Perusal of the FIR reveals that while the Informant along with his staff were performing patrolling duty in Khordha town area, he received a reliable information that, one Tata truck is transporting laterite stones from Kumarbasta side towards Khordha in illegal manner. Then the Informant along with his staff proceeded towards the spot for checking the vehicles procuring two independent witnesses. They noticed that one Tata vehicle bearing Regd No. Or- 04-G-1980 has loaded with laterite stones. On seeing the police personnel, the driver fled away from the spot. Then the Informant seized the Tata vehicle being loaded with 100 numbers of laterite stone from the spot.
// 2 //
4. Learned counsel for the Petitioner submits that the present Petitioner is the owner of the said vehicle and she has no direct knowledge of the involvement of her 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 Khordha Model P.S Case No. 133 of 2023 corresponding to G.R. Case No. 199 of 2023 pending in the court of learned S.D.J.M., Khordha 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;
(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. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Page 3 of 3