The single judge granted bail to the petitioner apprehending arrest under the Orissa Forest Act and Transit Rules, after finding no likelihood of tampering or absconding.
Petitioner directed to surrender within 21 working days and be released on bail on terms fixed by the Magistrate.
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ABLAPL No.2890 of 2020
Heard learned counsel for the petitioner and the learned Additional Government Advocate for the State.
The petitioner is apprehending arrest for the alleged commission of offences punishable under Section 21 of the Orissa Timber and other Forest Produce Transit Rules, 1980 and Section 56 of the Orissa Forest Act, 1972 in 2(b) C.C. No.07 of 2019, of the court of the learned J.M.F.C.(R), Cuttack, arising out of Offence Report No.55 D of 2018-19.
It is stated that in this case charge-sheet has been submitted.
The petitioner is a permanent resident of villageNuapatna Pankal, Tigiria in the district of Cuttack. Hence, there is no reasonable apprehension of his abscondance from the process of justice. There is also no allegation on behalf of the prosecution that the petitioner shall tamper the prosecution evidence, if he is released on bail.
Keeping in view the entire facts of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the ABLAPL is allowed.
Let the petitioner surrenders in the aforesaid case before the learned J.M.F.C.(R), Cuttack within twenty-one working days hence and apply for bail. On such event, the petitioner shall be released on bail on such terms and conditions as deemed just and proper by the learned Magistrate.
The petitioner shall not be arrested by the Investigating Officer or any Police Officer on his own accord or on the basis of any warrant issued by the learned
2
Magistrate in the aforesaid case till expiry of twenty-one working days.
The ABLAPL is disposed of.
……………………..
S. K. Mishra, J.
BJ
2 issues framed by the court
Whether there is reasonable apprehension of arrest in a case involving offences under the Orissa Forest Act and Transit Rules.
Whether the petitioner faces risk of absconding or tampering with evidence if released on bail.
2 provisions across 2 enactments
Petitioner
State
S. K. Mishra
As recorded by the court registry
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