Aziz Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2208 of 2022 Aziz Khan ....

Petitioner Mr. R.R. Ray, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Mohanty, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

22.03.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Bharatpur P.S. Case No.07 of 2022 corresponding to C.T. Case No.97 of 2022 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 294, 323, 506, 34 of the Indian Penal Code read with section 11(1)(d) and 11(1)(e) of the Prevention of Cruelty to Animals Act, 1960 and

// 2 // section 192 A of the M.V. Act 1988 (Amendment) 2015.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is the registered owner of one of the offending vehicles which was carrying the cows and the cows have already been rescued from the vehicle and the offences are triable by Magistrate, the background of the case and on hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O.

as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

// 3 // cancellation of bail.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

P ( S.K. Sahoo) Judge