Sugyana Pal vs State Of Odisha .... Opp. Party on 13 April, 2023

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Orissa High Court

Sugyana Pal vs State Of Odisha .... Opp. Party on 13 April, 2023

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.2388 of 2023

               Sugyana Pal                          ....           Petitioner
                                       Mr. Prasanna Kumar Mishra, Advocate

                                            -versus-

               State of Odisha                         ....           Opp. Party
                                                             Mr. S. Patra, ASC


                         CORAM:
                         JUSTICE CHITTARANJAN DASH

                                            ORDER

Order No. 13.04.2023

02. 1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.379/411/429/34 of IPC and Section 11(a)(d)(c) of Prevention of Cruelty to Animals Act (PCA) 1990 (1934 AD).

3. It is alleged that 19 number of cattle were illegally transported for business purpose.

4. It is submitted by learned counsel for the Petitioner that the present Petitioner is the owner of the vehicle allegedly involved in the crime and driver was transporting 9 number of cows in the said vehicle belonging to the occupiers who were the owners of the cows for sale at Jiral daily market.

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5. Having regard to the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Tumusingha PS Case No.42 of 2023 corresponding to GR Case No.136 of 2023 pending in the court of learned SDJM, Kamakhyanagar within a period of three weeks hence, he shall be released on such terms and conditions as would be deemed just and proper by the said court subject to deposit of Rs.5000/- (Rupees Five Thousand) in the manner to be directed by the court to its satisfaction along with verification of Criminal Antecedent in respect to the Petitioner.

6. If there appears Criminal Antecedents standing to the credit of the Petitioner, this bail order shall not be given effect to. If the learned court finds the above in accordance with the direction and proposes to allow the Petitioner to be released on bail, the following further conditions shall be imposed:-

(i) The Petitioners shall appear before the I.O. as and when required and shall cooperate with the investigation till the submission of final form;

(ii) he shall also appear before the trial court on each date of trial unless exempted specifically and/or consider the prayer moved U/s.317 Cr.P.C.;

(iii) he shall not tamper with the prosecution evidence in any manner whatsoever;

(iv) he shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail;

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(v) violation of any of the conditions shall entail cancellation of bail. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge AKPradhan Page 3 of 3

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