Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.392 of 2025
Rabindra Jena @ Rabindar Jena ..... Petitioner
Represented By Adv. – Mr. Amlan Shakti Paul -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 15.01.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party.
3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Bhadrak Rural P.S. Case No.709 of 2024, corresponding to G.R. Case No.2880 of 2024, pending in the court of learned S.D.J.M., Bhadrak, for alleged commission of offences punishable under Sections 303(2)/317(2)/3(5) of B.N.S., 2023 read with Section 7 of the Orissa Prevention of Cow Slaughter Act, 1980, Section 11 of the Prevention of Cruelty to Animals Act, 1960.
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4. It is stated by the learned counsel for the Petitioner that the Petitioner is the owner of the vehicle which was seized while illegally transporting the cattle. He further contended that the Petitioner is an innocent person and he is not aware of the crime.
Learned counsel for the Petitioner further submitted that the Petitioner does not have similar criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding.
5.
Learned counsel for the State, on the other hand, opposed the release of the Petitioner on pre-arrest bail on the ground that investigation is still on. He further submitted that in the event the Petitioner is released on pre-arrest bail at this juncture, there is every likelihood that he might abscond from justice which would eventually cause delay in conclusion of the investigation.
6. Taking into consideration the submissions made by the learned counsels appearing for the respective parties and on a conspectus of the surrounding facts and circumstances of the present case as well as the nature and gravity of the allegation, although this Court is not inclined to grant pre-arrest bail to the Petitioner, however it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the court
Page 3 of 3. below that the Petitioner is having any similar criminal antecedent, then this order shall automatically stand revoked. Violation of any of the conditions shall entail cancellation of bail.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra)
Judge Debasis