Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.579 of 2025 Sk. Saifur ..... Petitioner
Represented By Adv. – Mr. Prasant Kumar Barik -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr. Samresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 20.01.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party- State.
3. The present application has been filed under Section 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Tihidi P.S. Case No.496 of 2024, corresponding to G.R. Case No.2713 of 2024, pending in the court of learned S.D.J.M., Bhadrak, registered for alleged commission of offences punishable under Sections 281/303(2)/49 of B.N.S., 2023 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960.
4. It is stated by the learned counsel for the Petitioner that the Petitioner is the owner of the vehicle which was involved in the
Page 2 of 3. crime. He further contended that neither the Petitioner was present at the spot nor he had any knowledge about the occurrence. Learned counsel for the Petitioner further contended that the Petitioner does not have any 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 bail on the ground of gravity and seriousness of the allegation. He further submitted that the investigation is still on. Therefore, 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. Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further taking note of the fact that the Petitioner does not have any similar criminal antecedent, 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 below that the Petitioner is having
Page 3 of 3. any similar criminal antecedent, then this order shall automatically stand revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; and he shall not indulge in similar criminal offence and shall not allow his vehicle to be used in such type of offence while on bail. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter 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