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2026 DAILYLAW 4361 (ORI)

DEBARAJ DASH v. STATE OF ODISHA

ABLAPL/2970/2026 · 2026-04-23

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2970 of 2026 Debaraj Dash …. Petitioner(s) Mr. Rabindra Nath Prusty, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 23.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with G.R. Case No.90 of 2026 arising out of Begunia P.S. Case No.95 of 2026 registered on the allegation of the commission of offences under Sections 305(e)/3(5) of B.N.S., 2023 read with Section 51 of the Odisha Minor Mineral Concession Rules pending in the Court of the learned J.M.F.C., Begunia. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. p. 2 4. The prosecution case, in brief, is that on 25.02.2026, an Assistant Sub-Inspector of Police of Begunia Police Station lodged an FIR, inter alia alleging that while he, along with other staff, were conducting a joint raid with the Mines Department against illegal transportation of sand within the P.S. area, he received credible information from reliable sources that a Hywa vehicle bearing Registration No. OD02DL-1655 was transporting sand illegally and proceeding towards Baghamari. Acting on the said information, the raiding team waited near the R.I. Office at Gediapali at about 6:00 P.M. and subsequently intercepted the said Hywa vehicle loaded with sand. On being intercepted, the driver of the vehicle jumped out and fled from the spot. It was thus presumed that the driver did not possess any valid documents or authorization for loading and transporting the sand. 5. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. 6. Regard being had to the nature of allegation and the fact that the petitioner has no criminal antecedent, p. 3 I am inclined to grant the petitioner anticipatory bail. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer, subject to the verification of the criminal antecedent of similar nature. The release of the petitioner shall also be subject to the conditions that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail. Violation of any of the conditions shall entail cancellation of bail. 7. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna