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Orissa High Court

Bhagirathi Sethi vs State Of Odisha .... Opp. Party on 2 February, 2022

Author: S.K. Sahoo

Bench: S.K. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           ABLAPL No.589 of 2022

              Bhagirathi Sethi                     ....       Petitioner

                                     Mr. B. Dalai, Advocate

                                        -versus-

              State of Odisha                      ....      Opp. Party

                                     Mrs. Susamarani Sahoo,
                                     Addl. Standing Counsel

                                   CORAM:
                               JUSTICE S.K. SAHOO
                                       ORDER

Order No. 02.02.2022

01. This matter is taken up through video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Begunia P.S. Case No.12 of 2022 corresponding to G.R. Case No.66 of 2022 pending in the Court of learned S.D.J.M., Khurda for alleged commission of offences under sections 379, 186, 294, 506/34 of the Indian Penal Code, section 3 of the Prevention of Damage to Public Property Act, 1984 and section 18 of Odisha Minerals (Prevention of Theft, Smuggling and Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007.

Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // Considering the submission of the learned counsel for the petitioner that the petitioner is the driver of the offending vehicle in which laterite stones were being illegally transported and the fact that the offences are triable by Magistrate and on hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of. Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022.

( S.K. Sahoo) Judge PKSahoo Page 2 of 2