Soleman Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10746 of 2022 Soleman Khan ....

Petitioner Mr. P.R. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.09.2022 01.

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.524 of 2021, arising out of Balasore Sadar P.S. Case No.210 of 2021 pending in the court of learned J.M.F.C., Rural, Balasore for commission of offence punishable under Sections 11(1)(a)/11(1)(d)/11(1)(e)/11(1)(f) of the Prevention of Cruelty of Animals Act, 1960 read with Section 7 of the Orissa Prevention of Cow Slaughter Act, 1960.

5.

It is submitted by learned counsel for the petitioner that the name of the petitioner has not found placed in the F.I.R. and the petitioner does not have any criminal antecedents. 6.

Considering the nature of allegation, gravity of offence and the

// 2 // fact 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 and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that the petitioner shall not indulge in similar criminal activities and he shall cooperate with the Investigating Officer as and when required for the purpose of investigation. Violation of any of the terms and conditions shall entail cancellation of bail.

6.

It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has any criminal antecedents of similar nature. In the event it is found that the petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu