Orissa High Court
Tukuna Lenka vs State Of Odisha .... Opp. Party on 17 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 4590 of 2023
Tukuna Lenka .... Petitioner
Mr. A. Mohanty, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 17.05.2023
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- 120-B/379/411/413/307/186 of IPC.
3. Perusal of the FIR reveals that on 28.04.2023 on receiving information while the present Informant along with other official staff went to verify the veracity of the Information relating to transportation of the illegal coal, the team divided themselves into two groups and one group proceeded towards Gadibazar and the other team went towards Chhatarapada in two motor cycles and one Bolero. They found allegedly a pick up van was coming from Balidandi side. Suspecting the same, they signaled to stop but the driver and the other person left the vehicle and ran away at Alala village road. The Informant tried to stop them but they failed to apprehend them. On search the Informant team found 30 numbers // 2 // of hand stitched gunny bags containing imported coal. On weighment each gunny bag was found to be 50 K.g in total 1500 K.g of coal allegedly to have been seized. On verification the Informant found that the present Petitioner was involved in the transportation of coal.
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 Pirahat P.S Case No. 78 of 2023 corresponding to G.R. Case No. 1024 of 2023 pending in the court of learned S.D.J.M., Bhadrak, 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. 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 appear before the I.O. as and when required and shall cooperate with the investigation till the submission of Final Form;
(ii) In the event the Petitioner is found to be indulged in similar offence without adhering to the interim protection the police can proceed with the arrest.
(iii) Shall also appear before the trial court on each date of trial unless specifically exempted or consider the prayer U/s. 317 Cr.P.C;
(iii) Shall not threaten, intimidate or terrorize the Informant;
(iv) Shall not tamper with the prosecution evidence in any manner whatsoever;Page 2 of 3
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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.
5. Violation of any of the conditions shall entail cancellation of bail.
6. It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In case more than one criminal antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: High Court of Orissa Date: 18-May-2023 16:48:22 Page 3 of 3