Sk. Nurtaj Ali v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3640 of 2022 Sk. Nurtaj Ali ....
Petitioner Mr. A.K. Sahoo, Advocate -versusState of Odisha ....
Opp. Party Mr. S.K. Patra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
22.08.2022 02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
4.
The petitioner is seeking pre-arrest bail in connection with C.T. Case No.402 of 2022, arising out of Deogarh P.S. Case No.273 of 2022 pending in the court of learned S.D.J.M., Deogarh for commission of offence punishable under Section 379, I.P.C. read with Section 11(1)(a)(d)(e)(g)(h)/11(2) of the prevention of cruelty to Animal Act.
5.
It is submitted by learned counsel for the petitioner that the petitioner is the owner of the vehicle and he has no knowledge the about alleged occurrence and that he has been falsely implicated in the present case. It is further submitted by learned counsel for the petitioner that the petitioner does not have any criminal antecedents
// 2 // of similar nature of offence.
6.
Considering the nature of allegation, gravity of offence and the facts of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as would be deemed just and proper subject to condition that he shall furnish cash security of Rs.10,000/- (rupees ten thousand) with further condition that while on bail, he shall not indulge similar nature of criminal activities besides other conditions would be imposed by the learned court below while releasing the petitioner on bail.
Violation of any of the terms and conditions shall entail cancellation of bail.
7.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu