Orissa High Court
Nirupama Behera And Another vs State Of Odisha .... Opp. Party on 5 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3031 of 2023
Nirupama Behera and another .... Petitioners
Mr. Achyutananda Pattnaik, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 05.04.2023
01. 1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seek grant of bail under Section 438, CrPC in anticipation of arrest for their alleged involvement in the offence under Sections 447/379/411/34 of IPC and Section 12 of Orissa Mines and Minerals (Prevention of Theft Smuggling Activities) Act, 1989 and Section 68 of Orissa Minor Minerals Concession Rules, 2004 in connection with Jankia PS Case No.107 of 2022 corresponding to GR Case No.293 of 2023 pending in the court of learned JMFC (Cognizance Taking), Khurda.
3. It is alleged that the Petitioners were operating illegal laterite stone quarry. 80 numbers of laterite stone were loaded in the vehicle and on seeing police, the Petitioners fled away from the spot.
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4. Learned counsel for the Petitioner submits that the present Petitioner No.1 is the owner of the vehicle allegedly involved in the crime and Petitioner No.2 is the driver of the said vehicle.
5. In such view of the matter, this Court while not inclined to grant anticipatory bail, directs that in the event the Petitioner No.1 surrenders before the court in seisin over the matter and moves for bail, shall be admitted on such terms and conditions as would be deemed just and proper, so also the condition that the Petitioner No.1 shall tender an undertaking that she shall not engage her vehicle in carrying / transporting any articles including stone in any manner without proper documentation subject to deposit of Rs.7000/- (Rupees Seven Thousand) in the manner to be directed by the court to its satisfaction.
6. Violation of the terms and conditions shall entail the bail automatically stands cancelled.
7. So far as Petitioner No.2-Basant Pradhan is concerned, the prayer for anticipatory is rejected. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge AKPradhan Page 2 of 2