Disposed

Md. Atif v. State of Odisha

Orissa HC11 Sept 2023ABLAPL/8138/2023

Case brief

AI extract

What is this about?

In an application for pre-arrest bail under Section 438 CrPC, the High Court of Oriassa refused bail due to the nature of the allegations. However, the court directed the S.D.J.M. to grant bail upon surrender within four weeks, subject to a condition regarding vehicle usage.

What did the court decide?

Petitioner directed to surrender within four weeks for consideration; bail will be granted then subject to terms.

Md. Atif Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.8138 of 2023

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Md. Atif

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…. Petitioner Mr. P.K. Routray, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. M.K. Mohanty, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

11.09.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

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This is an application under Section 438, Cr.P.C. filed by the Petitioner for pre-arrest bail.

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The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.324 of 2023, arising out of Sambalpur Sadar P.S. Case No.111 of 2023, pending in the court of learned S.D.J.M., Sambalpur for alleged commission of offences punishable under Section 379/34 of the I.P.C. read with Section 7 of the Prevention of Cruelty to Animals Act, 1990.

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Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner

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// 2 //

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surrenders before the Court in seisin over the mater within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case including the condition that the Petitioner shall furnish an undertaking before the court below that he shall not allow his vehicle to be used in similar type of offence. Violation of any of the terms and conditions shall entail cancellation of bail.

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6. Accordingly, the ABLAPL is disposed of.

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Debasis

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Urgent certified copy of this order be granted on proper
application.

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( A.K. Mohapatra)
Judge

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 13-Sep-2023 20:36:45

Md. Atif v. State of Odisha

Case brief

What is this about?

What did the court decide?

Md. Atif v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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