Gouranga Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7166 of 2022 Gouranga Sahu and another ....

Petitioners Mr. D. Sahoo, Advocate -versusState of Orissa ....

Opposite Party Mrs. S. Pattanaik, A.G.A.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

15.07.2022 Order No.

01.

1. The Petitioners have prayed to release them under Section 438, Cr.P.C. in connection with Rengali P.S. Case No.91/2022 corresponding to C.T. Case No.1381/2022 pending in the court of learned S.D.J.M., Jharsuguda for alleged commission of offences under Sections 379/307/427/34, I.P.C. and Section 11(1) of the Prevention of Cruelty to Animals Act, 1960.

2. Heard Mr. D. Sahoo, learned counsel for the Petitioners as well as Mrs. S. Pattanaik, learned Additional Government Advocate for the State-Opposite Party.

3. It is submitted on behalf of the Petitioners that though the allegations regarding the offence under Section 307, I.P.C. has been made against them, but admittedly no one sustained any injury. It is further submitted that the Petitioners were neither the transporters of illegal cattle nor they have any criminal antecedents against them.

4. Upon hearing Mrs. S. Pattanaik, learned A.G.A. for the StateOpposite Party and considering the nature of allegations and the fact that no one sustained any injury during the occurrence, it is directed that in the event of arrest of the Petitioners in the aforesaid case, they shall be released on bail on such terms and conditions as the arresting officer may deem just and proper including the condition that, they shall cooperate with the investigation by appearing before the I.O. as and when directed.

5. The ABLAPL is disposed of.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik