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Orissa High Court

Bhagaban Routray vs State Of Odisha .... Opp. Party on 7 November, 2024

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No.12155 of 2024

               Bhagaban Routray                        ....             Petitioner
                                                      Mr. S.K. Bhanjadeo, Advocate

                                           -versus-

               State of Odisha                         ....             Opp. Party
                                                                Mr. S.K. Jee, AGA


                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                       ORDER

Order No. 07.11.2024

01. 1. Heard learned counsel for the Petitioner and the State.

2. This is the third round of application filed by the Petitioner for bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s.379/34 IPC read with Section 3/4 of the E.S. Act and Section 51 of the OMMC Rules and Section 12 of the OMM Act in connection with Khurda Sadar P.S. Case No.111 of 2023 corresponding to G.R. Case No.305 of 2023 pending in the court of learned S.D.J.M., Khurda.

3. As per the FIR, the Informant got information regarding illegal transportation of Black stone near Sankari East-West New Building Stone quarry when the Informant and his staff reached at the spot, the accused persons fled away from the spot and the Police apprehended two accused persons.

4. It is submitted by the learned counsel for the Petitioner that in the meanwhile two of the co-accused persons have already been released on bail. He further submits that the present Petitioner though was Page 1 of 2 // 2 // earlier involved in transportation of Black-Stone, but this time he was not present at the spot in committing the crime.

5. Having regard to the nature of allegation as emerged from the material on record, 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 before the learned S.D.J.M., Khurda in G.R. Case No.305 of 2023 within three weeks hence, the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day subject to verification of criminal antecedent, strictly on the basis of the materials available on record, on its own merit.

6. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day, if there be no legal impediment, on its own merit strictly on the basis of the material available on record.

7. Case diary be made available to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioner on the same day.

8. The courts below shall apply their wisdom in allowing or rejecting the application keeping in view the gravity of the offences and severity of punishments.

9. The ABLAPL is disposed of accordingly.

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK (Chittaranjan Dash) Date: 08-Nov-2024 16:14:25 Judge S.K. Parida Page 2 of 2