Jyafat Khan @ Jayafat v. Mr. S. K. Lenka, ASC
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 109(1), 115(2), 118(1), 126(2), 132, 303(2), 317(2)
- Prevention of Cruelty to Animals Act, 1960 s. 11(1)(d)
- Prevention of Cow Slaughtering Act s. 7(1)
Key paragraphs
- Para 55. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of…
Judgment
Mr. K. Mohanty, Advocate -versus- …. Opposite Party Mr. S. K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 03.07.2025
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.89 of 2025 pending on the file of learned J.M.F.C., Tigiria, arising out of Tigiria P.S. Case No.92 of 2025 for commission of offences punishable under Section 303(2)/ 317(2)/ 126(2)/ 115(2)/ 118(1)/ 132/ 109(1)/ 3(5) of BNS, 2023 read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 along with Section 7(1) of the Prevention of Cow Slaughtering Act.
Learned counsel for the State opposes the prayer for pre-arrest bail.
Taking into account that the nature of allegations and the order relating to the co-accused dated 20.06.2025 in ABLAPL No.6956 of 2025 permitting the Petitioner to surrender and seek for bail, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Tigiria in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Tigiria on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Tigiria, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Tigiria is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him. Ground of parity, if any, may be considered by the learned court(s) below. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge
Jina Signature Not Verified Digitally Signed Signed by: JINA DIGAL Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Jul-2025 11:16:46
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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