Basa @ Bashulal Saipan Nadaf v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15867 of 2021 Basa @ Bashulal Saipan Nadaf ....

Petitioner Mr.R.R. Ray, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

11.01.2022 01.

This matter is taken up through Video Conferencing Mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Nirakarpur P.S. Case No.178 of 2021 corresponding to G.R. Case No.470 of 2021 pending in the court of learned NGN -cum- J.M.F.C., Tangi for alleged commission of offences under sections 429/353/332/294/506/34 of the Indian Penal Code and section 7(1) of the Orissa Prevention of Cow

// 2 // Slaughter Act.

Learned counsel for the petitioner submitted that the petitioner is the registered owner of the offending vehicle in which fifty numbers of big packets containing beef were being transported but the petitioner had no knowledge about the same and therefore, the ingredients of offences are not attracted.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioner, I am not inclined to release the petitioner on anticipatory bail.

However, the petitioner is at liberty to surrender before the learned Court below and move for bail, in which event, the same shall be disposed of expeditiously in accordance with law and if any coaccused has been released on bail in the meantime, the claim of parity shall be taken into account. The case diary be made available before the Court concerned for disposal of the case.

The ABLAPL stands disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner

// 3 // prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge