IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.490 of 2025 Burhan Ahamad @ Durago @ Aftar Ali …. Petitioner Mr. B. Jalli, Advocate -versus- State of Odisha …. Opp. Party Mrs. S. Mohanty, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 16.01.2025 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 BNSS, 2023 by the Petitioner seeking pre-arrest bail in connection with Ramachandrapur P.S. Case No.199 of 2020, corresponding to G.R.(G.N.) Case No.404 of 2020, pending in the court of learned NGN, Ghasipura, for alleged commission of offences punishable under Sections 294/307/506/379/34 of the IPC read with Section 11(A)(d)(e) of the Prevention of Cruelty to Animal Act. 4. Learned counsel for the petitioner submitted that one of the co-accused had approached this Court by filing BLAPL No.15517 2 amit of 2020 for grant of bail. This Court vide order dated 20.01.2021 directed the petitioner to surrender and go on bail. He further contended that the present petitioner is similarly situated like the co-accused. 5. Considering the facts of the case, this Court is not inclined to grant pre-arrest bail to the Petitioner. 6. However, on the submission of the learned counsel for the Petitioner, the Petitioner is directed to surrender before the learned NGN, Ghasipur in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. 7. Case Diary be made available to the concerned courts on an application being filed prior to surrender before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. 8. The ABLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. (Aditya Kumar Mohapatra) Judge