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Orissa High Court

Ranjan Kumar Swain 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. 2424 of 2023
                Ranjan Kumar Swain                     ....            Petitioner
                                                   Mr. S.K. Bhanjadeo, 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 his alleged involvement in the offences under Sections 379/447/34 of IPC and Seection-51(i) OMMC Rules.

3. The registration certificate annexed to the application reveals the present Petitioner has the owner in respect to the vehicle No. OR- 09-F-1677 allegedly involved in transporting the stolen laterite stone as submitted by the learned counsel for the Petitioner and the driver having been apprehended and released on bail.

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 // 2 // Petitioner surrenders and moves for bail in connection Khurda Sadar P.S Case No. 65 of 2023 corresponding to G.R. Case No. 173 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 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.

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 2 of 2