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2026 DAILYLAW 7974 (ORI)

SAKIL KHAN v. STATE OF ODISHA

BLAPL/2737/2026 · 2026-04-29

V Narasingh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2737 of 2026 Sakil Khan …. Petitioner Mr. A.K. Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with C.T. Case No.89 of 2025, pending on the file of learned J.M.F.C., Tigiria, arising out of Tigiria P.S. Case No.92 of 2025 for alleged commission of offences under Sections 303(2)/ 317(2)/ 126(2)/ 115(2)/ 118(1)/ 111(2)/ 132/ 109(1)/ 3(5) of BNS read with Section 11(1)(d) of Prevention of Cruelty to Animals Act and under Section 7(1) of Prevention of Cow Slaughter Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. Page 2 of 4 4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl. Sessions Judge, Athagarh by order dated 07.03.2026 in the aforementioned case, the present BLAPL has been filed. 5. The case of the prosecution, in short, is that on 19.05.2025 the informant who is the A.S.I. of Tigiria PS, lodged an F.I.R. alleging therein that on 18.03.2025 at about 11.15 P.M. while he along with his staff were performing patrolling duty at about 3.30 A.M. he received an information to the effect that one Bolero vehicle loaded with cattle was coming from Maniabandh side, proceeding to Chandikhol, for slaughtering the said cattle and four persons in two bikes were escorting the said vehicle. And, after receiving the said information the patrolling party along with two witnesses rushed to the spot and there they saw that two bikes with four persons and the Bolero vehicle was coming from Bindhanima side and out of suspicion, the Informant stopped the alleged vehicle, but the persons who were escorting the vehicle managed to escape from the spot. It is alleged that after intercepting the vehicle, the driver and two other persons fled away from the spot. The informant and his staff chased them but one accused dealt a blow to the informant causing injury on his right palm, but subsequently could able to apprehend two accused persons at the spot and on being interrogated they disclosed their name and further confessed that they are transporting cattle to various area with the help of the present petitioner and other accused persons and further told that accused Hassan Khan and others were escorting them in two bikes and said Hassan Khan managed to escape after assaulting the police officer and he had supplied the said Bolero vehicle to them for transporting. Then the informant seized the said Bolero vehicle along with the cattle and produced them before the IIC to take legal action against them. 6. It is submitted by the learned counsel that the Petitioner is in custody since 31.12.2025 and as in the meanwhile charge sheet has been filed and the co-accused who committed the offence vis-à-vis the allegations relating to Section 109 of BNS has been released on bail, the Petitioner may be released on bail. 7. It is submitted that all other co-accused persons have been released on bail. 8. Learned counsel for the State opposes the prayer for bail inter alia on the ground that the Petitioner has number of criminal antecedent. 9. Considering the nature of allegations and the accusation so far as under Section 109 of BNS not being attributed to the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 10. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin for the next three months. Certification of such appearance shall be submitted to the Court in seisin. 11. Accordingly, the BLAPL stands disposed of. 12. Urgent certified copy of this order be granted as per rules. (V. Narasingh) Judge Ayesha