Orissa High Court
S.K.Sakil vs State Of Odisha ….. Opposite Parties on 24 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14798 of 2024
S.K.Sakil ..... Petitioner
Represented By Adv. -
Pradeep Kumar Kundu
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Sasmita Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.12.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Addl.
Standing Counsel for the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the
Petitioner for anticipatory bail, involving offence punishable under
Sections 325, 3(5) of B.N.S. and Sections 25/27 of Arms Act read
with Section 7 of Orissa Prevention of Cow Slaughter Act in G.R.
Case No.1495 of 2024 of the Court of learned J.M.F.C.(R), Cuttack
arising out of Jagatpur P.S. Case No.616 of 2024.
4. It is stated by learned counsel for the Petitioner that the
Petitioner is the driver of the vehicle in which the beef was
transported. He further submitted that the Petitioner had no
knowledge about such transportation, only he was performing his
Page 1 of 3.
duties as a driver of the vehicle. He further submitted that the
Petitioner is having one criminal antecedent.
5. Learned counsel for the State on the other hand objected to the
release of the Petitioner on pre-arrest bail on the ground of gravity
and seriousness of the allegations made in the F.I.R. She further
contended that the alleged incident is happening frequently in the
State of Odisha, therefore, no leniency should be shown to the
accused persons in such type of incident.
6. Considering the seriousness of the allegation, gravity of the
offence and the aforesaid facts of the case, although I am not inclined
to grant anticipatory bail to the Petitioner, however it is observed
that, in the event the Petitioner surrenders and moves for bail before
the learned court in seisin over the matter within a period of four
weeks from today, he shall be released on bail on such terms and
conditions as the learned Magistrate may deem just and proper with
further conditions that:-
I. shall not indulge in similar type of offences while on
bail;
II. shall cooperate with the investigation and appear
before the Investigating Officer as and when required by the
I.O. for the purpose of investigation; and
III. shall not default in attending the court during trial on
each date of posting, if not prevented by sufficient cause.
Violation of any of the terms and conditions shall entail
cancellation of the bail.
7. It is further directed that the bail granted to the Petitioner is
subject to depositing a cash security of Rs.4,000/- (Rupees Four
Page 2 of 3.
Thousands) of before the learned Court in seisin over the matter,
which shall be kept in any Nationalized bank in interest bearing
account initially for a period of one year which will be renewable
from time to time till conclusion of trial and the same shall be abide
by the final outcome of the trial of the case.
8. It is further directed that the bail granted to the petitioner is
subject to verification of criminal antecedent. In the event, the
Petitioner is having more than one criminal antecedent, then this
order stands automatically revoked.
9. The ABLAPL is disposed of accordingly.
10. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge
Anil
Signature Not Verified Page 3 of 3.
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 25-Dec-2024 14:15:15