Orissa High Court
Bikram Chhotaray vs State Of Odisha .... Opp. Party on 11 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 3249 of 2023
Bikram Chhotaray .... Petitioner
Mr. P.S. Das, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 11.05.2023
02. 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-379/511 of IPC and Section-51 of Orissa Minor Minerals Concession Rules.
3. Perusal of the FIR reveals that on 20.03.2023 while the Informant along with other staff performing their patrolling duty, received information from the reliable sources that someone was cutting laterite stone from Bangei Jamusahi Mines area illegally using Power Tiller. Getting such information, when the Informant and his staff rushed to the spot they found that some persons were cutting the laterite stones. After seeing the police personnel, they fled away towards jungle side. On local enquiry, it was ascertained that the present Petitioner was cutting the stone illegally by engaging labourers.
4. Learned counsel for the State submits that the present Petitioner has no criminal antecedent stands to his credit.
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5. 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 Begunia P.S Case No. 81 of 2023 corresponding to G.R. Case No. 297 of 2023 pending in the court of learned J.M.F.C (Cog Taking)., Khurda 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. 7,000/- (Rupees Seven Thousand) only in the manner to be directed by the court to its satisfaction with further conditions as follows:-
(i) The Petitioner shall not engage their vehicle in carrying/transporting any articles including stone/ minerals in any manner without proper documentation;
(ii) shall appear in person before the learned court below on each date of posting of the case;
(iii) shall appear before the I.O. once in a week on such date and time to be fixed by the I.O concerned as and when required and shall cooperate with the investigation;
(iv) shall not tamper with the prosecution evidence in any manner whatsoever;
(v) shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail.
Violation of any of the conditions shall entail cancellation of bail.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo BIJAY KETAN Digitally signed by BIJAY KETAN SAHOO SAHOO Date: 2023.05.12 10:51:38 +01'00' Page 2 of 2