Orissa High Court
Ashok Jena vs State Of Odisha .... Opposite Party on 27 March, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2698 of 2023
Ashok Jena .... Petitioner
Mr. Jyotirmaya Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 27.03.2023
01. 1. Heard the learned counsel for the Petitioner and the State.
2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s. 447/379/411/34, I.P.C. and Section 51 of OMMC Rules, 2004 and Section 12 of Orissa Mines and Minerals (Prevention of Theft, Smuggling Activities) Act, 1989 in connection with Jankia P.S. Case No.97 of 2023 corresponding to G.R. Case No.276 of 2023 pending in the court of the learned J.M.F.C.,(Cog.), Khurda.
3. Learned counsel for the Petitioner submits that the Petitioner is the owner of the vehicle (Tractor) bearing Registration No.OD-33- AC-2712 which was involved in carrying laterite stones. He further submits that there is no record of criminal antecedent against the petitioner.
4. Having regard to the facts and circumstances of the case, nature of the allegations and the seriousness and gravity of the offences, while Page 1 of 3 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 J.M.F.C.,(Cog.), Khurda in the aforesaid G.R. Case No.276 of 2023 within a period of three weeks from today, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to verification of criminal antecedents of the Petitioner.
5. If it is found that there is any other criminal antecedent to the credit of the present Petitioner besides the present issue, this order shall not be given effect to. However, if the learned Magistrate is satisfied that there is no other criminal antecedent standing to the credit of the present Petitioner except the present issue and admits the Petitioner to bail, the following further conditions be imposed -
(i) The Petitioner shall appear before the I.O. once in a week on such date and time to be fixed by the I.O concerned and shall cooperate with the investigation as and when required.
(ii) He shall also appear before the trial court on each date of posting of the case unless specifically exempted from such appearance by the court in seisin over the matter.
(iii) He shall not indulge in any other offence of similar nature to the present case in any manner and shall not use his vehicle in any such illegal activities in any manner whatsoever, while on bail.
(iv) He shall deposit cash of Rs.5000/- (rupees Five Thousand) to the satisfaction of the learned court in seisin over the matter, which shall be kept in an interest bearing account of any nationalized bank and that amount shall be subject to the final verdict of the case.Page 2 of 3
(v) Violation of any of the conditions shall entail cancellation of bail of the Petitioner.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge S.K. Parida Page 3 of 3