Orissa High Court
Sk Nakir @ Sk. Naquir vs State Of Odisha .... Opposite Party on 14 July, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6214 of 2023
Sk Nakir @ Sk. Naquir .... Petitioner
Mr. Deepak Ku Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 14.07.2023
01. 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. 379/34, I.P.C. and Sections 25 & 27 of Arms Act and Section 11 of the Prevention of Cruelty to Animals Act (PCA) 1990 in connection with Rajnagar P.S. Case No.403 of 2023 corresponding to G.R. Case No.454 of 2023 pending in the court of the learned NGN-cum-J.M.F.C., Rajnagar.
3. Learned counsel for the Petitioner submits that three of the co- accused persons in the present case have already been released on bail by the court below.
4. Having regard to the submission of the learned counsel for the petitioner as well as the learned ASC, 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 Page 1 of 2 // 2 // inclined to grant anticipatory bail, it is directed that the Petitioner if so chooses may surrender before the learned NGN-cum-J.M.F.C., Rajnagar in G.R. Case No.454 of 2023 during the first hour within three weeks from today and move for bail. In such event, the learned Magistrate shall consider the bail application of the Petitioner in the first hour of the day itself, strictly on the basis of the materials available on record. In case of rejection of the bail application by the learned Magistrate, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or presuming it to be a direction in affirmative.
5. The Case Diary be made available to the learned courts below as far as possible to facilitate disposal of the bail application of the Petitioner on the same day itself.
6. This order is subject to verification of criminal antecedents of the Petitioner. The learned courts shall apply their wisdom in dealing with the application in allowing or rejecting the application for bail keeping in view the gravity of the offence and the severity of punishment. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge Signature Not Verified S.K.Parida Digitally Signed Signed by: SAMIR KUMAR PARIDA Reason: Authentication Location: ORISSA HIGH COURT Date: 17-Jul-2023 10:56:35 Page 2 of 2