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2026 DAILYLAW 7619 (ORI)

ASRAF KHAN v. STATE OF ODISHA

ABLAPL/2990/2026 · 2026-04-23

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2990 of 2026 1. Asraf Khan 2. Anwar Khan …. 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 petitioners are seeking pre-arrest bail in connection with Khurda Model P.S. Case No.111 of 2026 corresponding to G.R. Case No.222 of 2026 registered for alleged commission of the offences punishable under Sections 296, 3(5), 303(2), 351(3) of the BNS, 2023, 11(1)(a), 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960 and 7 of the Orissa Prevention of Cow Slaughter Act, 1960 pending in the Court of the learned S.D.J.M., Khurda. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail application, no other bail application of the p. 2 petitioners is pending in any other Court relating to the aforesaid F.I.R. 4. The allegation against the petitioners are that on 24.02.2026, while the informant along with his friends were proceeding towards Banki for watching Maa Charchika, on the way near Pubu Sahi, they found one Auto bearing Regd. No.OD 02 BY7215 transporting five numbers of cattle for the purpose of slaughtering. Immediately, the informant along with his friends and the local people tried to detain the cattle Auto and the Auto driver. Some supporters of the vehicle abused them in obscene languages and threatened to kill them and fled away with the driver of the auto. Hence, the F.I.R. 5. Learned counsel for the petitioners submits that the petitioner is the owner of the vehicle in which the cattle were being illegally transported. The petitioner is not found named in F.I.R. and the driver of the vehicle in which the cattle were transported, fled away from the spot. p. 3 6. Regard being had to the nature of allegation against the petitioners, I am inclined to grant the petitioners anticipatory bail. Accordingly, it is directed that, in the event, the petitioners are arrested, they shall be released by the Arresting Officer, subject to the verification of the criminal antecedents of similar nature. The release of the petitioners shall also be subject to the conditions that they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they 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