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2025 DAILYLAW 72273 (ORI)

NESAR HUSSION KHAN v. STATE OF ODISHA

ABLAPL/11766/2025 · 2025-10-16

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.11766 of 2025 1. Nesar Hussion Khan 2. Salama Bibi …. Petitioners Mr. S. Mishra, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 16.10.2025 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.321 of 2025 pending on the file of learned JMFC-Cog-1 Bhadrak, arising out of Purunabazar P.S. Case No.238 of 2025 for commission of offences punishable under Section 3(5)/ 303(2)/ 325/ 317(2)/ 351(2)/ 296/ 323 of BNS, 2023 read with Section 7 of Orissa Prevention of Cow Slaughter Act and 11 of Prevention of cruelty to Animal Act. 3. Learned counsel for the State opposes the prayer for pre-arrest bail. p. 2 4. Taking into account the nature of allegations and the criminal proclivity of the Petitioner No.1, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.1. However, in the event the Petitioner No.1 (Nesar Hussion Khan) surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. 5. So far as the ABLAPL in respect of Petitioner No.2 is concerned, taking into account the nature of allegations and that the Petitioner No.2 is a lady, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner No.2 (Salama Bibi) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 6. It is needless to state that the Petitioner No.2 shall cooperate with the ongoing investigation. 7. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina