Mojibur Raheman Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6612 of 2022

1. Mojibur Raheman Khan

2. Ashique Ali Khan ....

Petitioners Mr.B. Jalli, Advocate -versusState of Odisha ....

Opp. Party Mr.Rajesh Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.07.2022 02.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with C.T. Case No.572 of 2022 arising out of Simulia P.S. Case No.175 of 2022 pending in the Court of learned J.M.F.C.(R), Soro for alleged commission of offences under sections 279/307/379/429/34 of the Indian Penal Code, section 11(1) of the Prevention of Cruelty to Animals Act, 1960, section 7 of the Odisha Prevention of Cow Slaughter Act, 1960 and section 192(A) of the Motor Vehicles Act, 1988.

Perused the F.I.R.

Learned counsel for the State has produced the

// 2 // written instruction dated 12.07.2022 received from the S.I. of Police, Simulia police station from which it appears that there is no criminal antecedent against the petitioners. Learned counsel submitted that nobody has sustained any injury in the case. The written instruction is taken on record.

Considering the nature of accusation against the petitioners and absence of any criminal antecedents, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM