Orissa High Court
Sadasiba Pratihari & Another vs State Of Odisha .... Opposite Party on 8 May, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4440 of 2024
Sadasiba Pratihari & another .... Petitioners
Mr. B.R. Dalai, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Debasish Biswal, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 08.05.2024
01. 1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s.379/420/34, IPC read with Section 12 of the OMPTS Act, 1989 AND Section 68 of OMMC Rules, 2004 in connection with Baliapanda P.S. Case No.63 of 2023 corresponding to G.R. Case No.190 of 2024 pending in the court of the learned J.M.F.C. (I), Puri.
3. It is alleged that on 13.03.2024 at about 4.30 AM the informant police officer received reliable information that illegal and unauthorized lifting of sand and transportation is going on by a Tractor from Mata Matha road. Thereafter, the police team immediately rushed to the spot and found one Tractor bearing Regd. No. OD 02 G 9871 was illegally loaded with sand for transportation. On being asked, the driver of the Tractor (Petitioner No.2) disclosed his name and also disclosed the name of the owner of the Tractor. He also disclosed that on the direction of the owner of the Tractor Page 1 of 2 (present Petitioner No.1) he loaded the sand. The police seized the sand loaded Tractor.
4. Learned counsel for the Petitioners fairly submits that Petitioner No.1, who is the owner of the Tractor, has one criminal antecedent to his credit.
5. Considering the nature of the allegations, gravity of the offences and the facts and circumstances of the case, while this court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail before the learned J.M.F.C.(I), Puri in G.R. Case No.190 of 2024 within a period of three weeks from today, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court but subject to verification of the criminal antecedents of the Petitioners, besides the further condition of depositing a sum of Rs.10,000/- (Rupees Ten Thousand) by Petitioner No.1 and Rs.5,000/- (Rupees Five Thousand) by Petitioner No.2 in the manner to be directed by the learned court.
6. In the event more than one criminal antecedent is found against the Petitioner No.1 besides the present case, this order shall not be given effect to against him.
7. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge Signature Not Verified S.K. Digitally Parida Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 09-May-2024 14:36:21 Page 2 of 2