Orissa High Court
Bikram Chhotaray vs State Of Odisha .... Opposite Party on 19 July, 2021
Author: S.Pujahari
Bench: S.Pujahari
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.8101 of 2021
1. Bikram Chhotaray
2. Dipti Ranjan Bhol @ Depti
Ranjan Bhol
3. Subash Chandra
Samantasinghar .... Petitioners
-versus-
State of Odisha .... Opposite Party
CORAM: JUSTICE S.PUJAHARI
ORDER
Order 19.07.2021 No. 01. 1. This matter is taken up by video conferencing mode.
2. The Petitioners apprehending their arrest in Jankia P.S. Case No.134 of 2021, registered for alleged commission of offences punishable under Sections 379, 411, 109 read with Section 34 of the I.P.C. and Section 21 of MMDR Act, have filed this petition for their release on pre-arrest bail.
3. Heard the learned counsel for the Petitioners and the learned counsel for the State.
4. The prosecution allegation reveals that the petitioners were engaged in theft of laterite stone from the mine at Olasingh in the district of Khurda.
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5. On consideration of the facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and also it being not disputed that the petitioners' release on pre-arrest bail shall not be a hindrance to the free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the prosecution evidence, if released on pre- arrest bail.
6. Hence, this Court directs that in the event of arrest of the Petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.
7. However, the aforesaid order is subject to the condition that the Petitioners shall cooperate with the investigation and no other graver offence is reported against the Petitioners besides the aforesaid offences.
8. The ABLAPL is, accordingly, disposed of being allowed.
9. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's Page 2 of 3 // 3 // website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.
(S. Pujahari) Judge RKS Page 3 of 3