Sek Adil @ Adil Khan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sek Adil @ Adil Khan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail protection granted to the Petitioners in both ABLAPLs: on surrendering within three weeks and moving for bail, they are to be released on bail by the learned Court in seisin on such terms as deemed just and proper; additionally, they must appear before the jurisdictional police station once every week (date/time fixed by the Court in seisin) till submission of the final form, with certification of such appearance submitted to the Court in seisin, and cooperate with the ongoing investigation. Both ABLAPLs stand disposed of by the common order.

Issue for consideration

Whether the Petitioners, arrayed as accused in G.R. Case No.47 of 2025 (arising out of Telkoi P.S. Case No.50 of 2025) for offences under Sections 303(2)/317(2)/109/111(3)/325/3(5) BNS read with Section 11(i)(d) Prevention of Cruelty to Animal Act, 1960 and 7(1) Cow Slaughter Act, 1980, should be granted pre-arrest bail despite their criminal proclivity. +1 more

Court's answer

On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Ratio / Principle

Taking into account the nature of allegations and the manner in which the Petitioners sought to be implicated, custodial interrogation of the Petitioners is not warranted.

Key takeaways

As an additional condition, the Petitioners shall appear before the jurisdictional police station once every week, on date and time to be fixed by the learned Court in seisin, till submission of the final form.ratio¶30
The Petitioners shall cooperate with the ongoing investigation.obiter¶33

Detailed headnote1 paragraphs

Anticipatory bail - Criminal antecedents not a bar where custodial interrogation unwarranted: Two anticipatory bail applications (ABLAPL No.5485 of 2025 by Sek Adil @ Adil Khan; ABLAPL No.9143 of 2025 by Sk. Riajudin @ Sk. Riya @ Sk. Raya and Sk. Naim @ Sk. Nain), arising out of Telkoi P.S. Case No.50 of 2025 / G.R. Case No.47 of 2025 pending before the learned J.M.F.C., Telkoi, for offences punishable under Sections 303(2)/317(2)/109/111(3)/325/3(5) of BNS read with Section 11(i)(d) Prevention of Cruelty to Animal Act, 1960 and 7(1) Cow Slaughter Act, 1980, were heard together and disposed of by a common order of Justice V. Narasingh dated 14.08.2025. Although the petitioners were said to have been arrayed as accused on account of criminal proclivity and the State opposed release citing criminal antecedents, the Court, taking into account the nature of allegations and the manner in which the petitioners sought to be implicated, held that custodial interrogation was not warranted. The Court directed that on surrendering within three weeks and moving for bail, the petitioners be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to weekly appearance before the jurisdictional police station till submission of the final form (certification of appearance to the Court in seisin) and cooperation with the ongoing investigation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5485 of 2025

Sek Adil @ Adil Khan

Petitioner

Mr. B. Jalli, Advocate

-versus-

State of Odisha

Opposite Party

Mr. C.R. Swain, AGA

ABLAPL No.9143 of 2025

1. Sk. Riajudin @ Sk. Riya @ Sk. Raya 2. Sk. Naim @ Sk. Nain

…. Petitioners

Mr. S.R Panda, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

14.08.2025

Order No.

01.

Since both the matters arise out of Telkoi P.S. Case No.50 of 2025, they are heard together and disposed of by this common order on the consent of the parties.

Heard learned senior counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.47 of 2025 pending in

Page 1 of 3

the Court of learned J.M.F.C, Telkoi, arising out of Telkoi P.S. Case No.50 of 2025 for commission of offence punishable under Sections 303(2)/ 317(2)/ 109/111(3)/ 325/ 3(5) of BNS, read with Section 11(i)(d) Prevention of Cruelty to Animal Act, 1960 & 7(1) Cow Slaughter Act, 1980.

It is submitted by the learned counsel that the Petitioners have been arrayed as accused on account of their criminal proclivity. Hence, the Petitioners may be protected by pre-arrest bail.

Learned counsel for the State opposes the prayer for pre-arrest bail and submits that because of the criminal antecedents of the Petitioners, they ought not to be released on bail.

Taking into account the nature of allegations and the manner in which the Petitioners sought to be implicated, this Court is persuaded to hold that custodial interrogation of the Petitioners is not warranted. Hence, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form.

Page 2 of 3

Certification of such appearance shall be submitted to the Court in seisin.

It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 15-Aug-2025 11:26:38

Page 3 of 3