Orissa High Court
Sankar Samantray vs State Of Odisha .... Opp. Party on 21 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 3518 of 2023
Sankar Samantray .... Petitioner
Mr. A.K. Das, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S.R. Roul, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 21.04.2023
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 447/379/411/34 of IPC and Sections-51 of OMMC Rules read with the offence U/s. 12 of Orissa Mines and Minerals (Prevention of Theft Smuggling Activities) Act.
3. Perusal of the FIR reveals that while the Informant was performimg patrolling duty along with his staff, he found that some persons were loading laterite stones in the trolley of one Tractor from the laterite quarry in Kapila Tangi area. Seeing the police personnel, the persons who were loading the stones fled away from the spot leaving the Tractor. Thereafter the Informant seized the said Tractor.
4. Learned counsel submits that the present Petitioner is the owner of the said Tractor, involved in the alleged crime.
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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 Jankia P.S Case No. 116 of 2023 corresponding to G.R. Case No. 322 of 2023 pending in the court of learned S.D.J.M., 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. 7000/- (Rupees seven Thousand) only in the manner to be directed by the court to its satisfaction and production of valid registration certificate 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.
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6. It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In case 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. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge B.K Sahoo Page 3 of 3