Soumyashree Mohanty vs State Of Odisha .... Opp. Party on 17 March, 2023

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Orissa High Court

Soumyashree Mohanty vs State Of Odisha .... Opp. Party on 17 March, 2023

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No. 2339 of 2023

               Soumyashree Mohanty                   ....            Petitioner
                                                 Mr. S.K. Bhanjadeo, Advocate
                                            -versus-
               State of Odisha                         ....          Opp. Party
                                                       Mr. M.K. Mohanty, ASC.

                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                            ORDER

Order No. 17.03.2023

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 379/447/34 of IPC and Section-51(1) of OMMC Rules.

3. Perusal of the FIR reveals that while the Informant along with the staff were performing patrolling duty at Daleiput Area, got information from reliable sources regarding illegal excavation and transportation of laterite stone at Baragharapatna area. It is further alleged that the Informant and his staff proceeded to the spot and found three numbers of trucks were loaded with laterite stone which were kept at the stone quarry area and by seeing the police personnel the drivers of the vehicles tried to flee away from the spot and after chasing the police personnel apprehended two drivers It is // 2 // further alleged that as per the direction of the Petitioner the driver of the vehicle has purchased the laterite stone for transportation and selling of the same at outside.

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 Khurda Sadar P.S Case No. 66 of 2023 corresponding to G.R. Case No. 174 of 2023 pending in the court of learned S.D.J.M ., 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. 5,000/- (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;

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(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.

5. The ABLAPL is disposed of accordingly.

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

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