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2026 DAILYLAW 23917 (ORI)

SK. FAYAZ @ SK. KALAM v. STATE OF ODISHA

ABLAPL/7254/2026 · 2026-07-01

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7254 of 2026 Sk.Fayaz @Sk.Kalam and another …. Petitioners Mr. S.R Mulia, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K Lenka, ASC And ABLAPL No.7256 of 2026 Sk. Basa Babu @ Sk. Badsa Babu @ Basa Khan …. Petitioner Mr. S.R Mulia, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 01.07.2026 01. 1. Both the ABLAPLs are taken up together for orders. 2. Heard learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Nischintakoili P.S. Case No.203 of 2026 corresponding to G.R Case No.336 of 2026 pending in the file of learned J.M.F.C., Nischintakoili on the grounds stated therein. 4. Perused the FIR as at Annexure-1. The report reveals that 305 calves tied with ropes and confined and on seeing the police, the petitioners transporting them fled from the spot. It is p. 2 submitted to the Court that the petitioners were not entirely responsible for the same. It is also claimed that co-accused persons are on bail by this Court’s order in ABLAPL No.6475 of 2026. A copy of the said order is at Flag-B. It is fairly admitted that the petitioners are having antecedents. Recorded the objection of the learned counsel for the State. It is alleged in the FIR that the cattle were exposed to scorching heat and kept without any provision of proper food and water for them. Considering the allegations therein and recovery of the calves, this Court, in view of the fact that the petitioners are having antecedents, is not inclined to entertain their bail plea, however, is in favour of allowing them to surrender before the learned Court below for being released with conditions applying parity as the co-accused, namely, Muktar Khan and another are on bail pursuant to the order dated 17.06.2026 in ABLAPL No.6475 of 2026 and accordingly, it is ordered. 5. In the result, the ABLAPLs are disposed of. It is directed that in the event, the petitioners surrender before the learned J.M.F.C., Nischintakoili in connection with Nischintakoili P.S. Case No.203 of 2026 corresponding to G.R. Case No.336 of 2026 within a fortnight from today, they shall be released on bail on furnishing bail bond of Rs.30,000/-(thirty thousand only) each with one solvent surety for the like amount and on such other terms and conditions as deemed just and proper in the facts and circumstances of the case. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Pradeep