Prahalad Dhal vs State Of Odisha .... Opp. Party on 29 August, 2023

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Orissa High Court

Prahalad Dhal vs State Of Odisha .... Opp. Party on 29 August, 2023

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No. 4780 of 2023
               Prahalad Dhal                         ....           Petitioner
                                            Mr. Nikunja Kumar Rout, Advocate
                                            -versus-
               State of Odisha                         ....            Opp. Party
                                                            Mr. D. Biswal, ASC.

                        CORAM:
                        JUSTICE CHITTARANJAN DASH

                                          ORDER

Order No. 29.08.2023

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- 379/411/413/120-B of IPC.

3. Perusal of the FIR reveals that on 28.04.2023 on receiving information 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 of the Informant divided themselves into two groups and one group proceeded towards Gadibazar and the other team went towards Chhatarapada on two motor cycles and one Bolero and 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 // 2 // 30 numbers of hand stitched gunny bags containing imported coal on weighing each gunny bag was found to be 50 K.g in total 1500 Kg. of coal allegedly has 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. 79 of 2023 corresponding to G.R. Case No. 1025 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) in the manner to be directed by the court to its satisfaction along with verification of Criminal Antecedents in respect to the Petitioner.

5. It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In the event any 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.

6. The ABLAPL is disposed of accordingly.

Signature Not Verified (Chittaranjan Dash) Digitally Signed

Signed by: ANANTA KUMAR PRADHAN Judge Designation: SR. STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA AKPradhan Date: 30-Aug-2023 20:13:30 Page 2 of 2

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