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2026 DAILYLAW 6901 (ORI)

SK JABIR v. STATE OF ODISHA

ABLAPL/2991/2026 · 2026-04-23

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2991 of 2026 Sk. Jabir …. Petitioner(s) Mr. S.K. Barik, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. P.S. Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 23.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Basudebpur P.S. Case No.84 of 2026 corresponding to G.R. Case No.152 of 2026 registered for alleged commission of the offences punishable under Sections 3(5), 303(2), 317(2) of the BNS, 2023, Section 11(i)(d)(e) of the Prevention of Cruelty to Animal Act, 1960 and Section 7 of the Orissa Prevention of Cow Slaughter Act, 1960, pending in the Court of the learned S.D.J.M., Bhadrak. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The allegation against the petitioner is that on 10.02.2026, the complainant along with the police team was performing night patrolling in a OAPF/35 Mahindra Bolero vehicle. On 11.02.2026 at 4.35 A.M during patrolling in Guagadia area, they got information from reliable sources that some unknown persons by loading some cattle in Bolero Pick up van bearing Regd. No.OD-01 C 7299 were transporting the cattle from Basudevpur to Anantapur road, Baleswar and the escort vehicle one new Bolero vehicle bearing Regd. No.OD01 AU 7921 was parked there. Immediately, the complainant and their team detained the said vehicles, but the driver, who managed to escape from the spot leaving the said vehicle. Hence, at about 6.35 A.M., the informant seized one Bolero Pick up van and the escort vehicle new Bolero from the spot. Thereafter, the informant came to know from the local people that the vehicles were used for transporting the said cows for slaughtering illegally in the locality and seeing the police staff, they escaped from the spot. Hence the F.I.R.. 5. Learned counsel for the petitioner submits that the petitioner was not found named in the F.I.R. and the driver of the vehicle in which the cattle were transported, fled away from the spot. 6. Regard being had to the nature of allegation against the petitioner, I am inclined to grant the petitioner anticipatory bail. Accordingly, it is directed that, in the event, the petitioner is arrested, he shall be released by the Arresting Officer, subject to the verification of the criminal antecedents of similar nature. The release of the petitioner shall also be subject to the conditions that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 7. The ABLAPL is, accordingly, disposed of. (S.S. Mishra) Judge Subhasis/Suchitra Designation: Personal Assistant Location: High Court of Orissa, Cuttack.