Sebir Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11152 of 2022 Sebir Khan & others ....

Petitioners Mr.Kamalakanta Mohanta,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.09.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioners that the allegations against the Petitioners are false, fabricated and baseless. He also submits that the Petitioners are owners of the vehile and did not know about transportation of cattle. 5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C., Betnoti in

// 2 // C.T.Case No.728 of 2022 arising out of Betnoti P.S.Case No.264 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate, but subject to verification of injury and criminal antecedent of similar nature against the Petitioners. It is further directed that the Petitioners while on bail shall cooperate with the investigation and appear before the I.O. as and when required and shall appear before the trial court on each and every date fixed. It is further directed that the Petitioners while on bail shall not indulge in similar nature of offence. In the event it is found that the Petitioner has more than one criminal antecedent then this order shall stand revoked and the learned court below shall proceed against the Petitioners in accordance with law. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS