Sakil Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16109 of 2022 Sakil Khan and another ....

Petitioners Mr. A.K. Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.12.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with C.T. Case No.217 of 2022, arising out of Tigiria P.S. Case No.226 of 2022 pending in the court of learned J.M.F.C., Tigiria for commission of offences punishable under Sections 379/411/429/34, I.P.C. read with Section 11(i)(a)(d) of the Cruelty to Animals Act and Section 7 of the Orisssa Prevention of Cow Slaughter Act. 5.

Considering the nature of allegation, gravity of offence and the fact 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 and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in

// 2 // the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper subject to condition that they shall furnish cash security of Rs.5,000/-(rupees five thousand) each with further conditions that besides other conditions would be imposed by the learned court below while releasing the petitioner on bail.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu