The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14620 of 2024 Dhunu @ Tahir Khan@taher Khan ..... Petitioner State Of Odisha -versus- ..... Represented By Adv. - Gautam Charan Rout Opposite Parties Represented By Adv. - M/s. Ritu Ranjan Chhotray. Mr.Samaresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 12.02.2025 Order No. 3. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2.
Legal Reasoning
Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the Case Diary as well the materials placed on record for consideration of this Court. 3. The present bail application has been filed for release of the Petitioner on pre-arrest bail under section 482 BNSS, 2023 in connection with Tigiria P.S.Case No.294 of 2024 corresponding to C.T.Case No.287 of 2024 for commission of offences under section 11(1), 11(A). 11(B) of Prevention of Cruelty to Animals Act, Page 1 of 5. Section 7 of Prevention of Cow Slaughter Act read with Section 111(2)(b), 132, 190, 191(2), 191(3), 296, 325, 351(3) of BNS 2023. 3. Learned counsel for the Petitioner at the outset contended that as per the F.I.R. allegations several cows were recovered from the forest area under Tigiria P.S.. Accordingly, the present F.I.R. has been registered implicating the present Petitioner and many others as accused persons. He further contended that the present Petitioner has been falsely implicated in the present case. Learned counsel for the Petitioner further contended that the Petitioner does not have any criminal antecedent of similar nature and belongs to the locality, therefore, there is no chance of his absconding from the locality. He further contended that the offences are triable by magistrate and the maximum sentence that can be imposed under the alleged sections is an imprisonment of seven years. Referring to the F.I.R., learned counsel for the Petitioner submitted that several accused persons have been implicated in the present case. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on pre-arrest bail on such terms and conditions as deemed fit and proper in the facts and circumstances of the case. 4. Learned Additional Standing Counsel appearing for the State on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground of seriousness and gravity of the allegation. He further Page 2 of 5. submitted that there is a racket operating to transport cattle from the locality. He also contended that the present Petitioner is a part of that racket and is directly involved in the present crime. Further, referring to the allegations made in the F.I.R., learned Additional Standing Counsel submitted that a total number of 500 cows have been recovered from Barmania jungle under Tigiria P.S. Further, learned Additional Standing Counsel contended that in the event the Petitioner is released on pre-arrest bail, he might abscond, which would eventually cause delay in conclusion of trial. On such ground, learned Additional Standing Counsel submitted that the bail application of the Petitioner be rejected at this juncture. 5. Mr.S.K.Panda, learned counsel appearing on behalf of the intervener objected to the release of the Petitioner on bail. On being asked by this Court, Mr.Panda failed to satisfy the locus standi of the intervener. Learned counsel for the Intervener is unable to give any satisfactory reply with regard to his right of opposing the bail application as the intervener. Moreover, on careful scrutiny of the BNSS 2023, it is found that there is no provision in which the intervener can place the bail application. He further submitted that the intervener is taking steps for recovery of the cattle which are shifted to the Slaughter house or meant to be transported to the places outside Odisha. Mr.Panda, further submitted that the Petitioner being a habitual offender should not be released on pre-arrest bail since there is a likelihood that Page 3 of 5. he might indulge in similar type of offence and take the lives of innocent animals. 6. On careful examination of the submissions made by the learned counsels for the respective parties and further taking note of the allegation as well as the fact that the offences are triable by magistrate and the maximum punishment is not more than seven years, the Petitioner does not have any criminal antecedent, this Court is inclined to release the Petitioner on pre-arrest bail. Accordingly, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C., Tigiria in C.T.Case No.287 of 2024 arising out of Titiria P.S.Case No.294 of 2024, within a period of three weeks from today, then the learned court in seisin over the matter shall do well to release the Petitioner on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, this order shall not be given effect to. Release of the Petitioner shall be subject to the following additional conditions : i) shall cooperate with the I.O. and appear before the I.O. as and when required for the purpose of investigation; ii) shall not indulge in similar nature of offence while on bail; Page 4 of 5. iii) shall appear before the trial court on each and every date without fail, if not prevented by sufficient cause; iv) shall appear before the concerned Police Station once in a fortnight between 10 A.M. to 1 P.M. for a period of four months and once in a month till conclusion of trial. Violation of conditions either imposed by this Court or by the learned court in seisin over the matter shall entail cancellation of bail. 7.
Decision
The ABLAPL is disposed of accordingly. 8. Issue urgent certified copy of this order as per Rules. RKS ( ADITYA KUMAR MOHAPATRA) JUDGE Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 14-Feb-2025 11:29:20