Afsar Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Afsar Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; petitioner admitted to bail on a Rs.25,000/- bail bond with one solvent surety for the like amount, to the satisfaction of the Court in seisin, on terms and conditions deemed fit by it.

Issue for consideration

Whether Afsar, the petitioner, detained since 19.07.2025 in Aul PS Case No.177 of 2025 / GR Case No.461 of 2025 (JMFC, AulKendrapara) for offences under Ss. 303(2)/317(2)/325/3(5) BNS read with Sec. 11(1)(d)/12 of the Prevention of Cruelty to Animals Act (alleged attempt to transport 21 cattle), should be admitted to bail.

Court's answer

Weighing the nature and gravity of the alleged offences, the accusations against the petitioner, his pre-trial custody since 19.07.2025 with substantial progress in investigation, other circumstances on record, the accused's right to be presumed innocent until proven guilty, and the claimed absence of criminal antecedents, the Court admits the petitioner to bail without expressing any view on merits.

Ratio / Principle

The petitioner is to be released on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount, to the satisfaction of the Court in seisin of the case, on such terms and conditions as that Court deems fit and proper.

Detailed headnote1 paragraphs

BAIL GRANTED (S.483 BNSS) — BLAPL No.8157 of 2025, High Court of Orissa at Cuttack (G. Satapathy J., 08.09.2025): Afsar, in custody since 19.07.2025 in Aul PS Case No.177 of 2025 arising out of GR Case No.461 of 2025 pending before the learned JMFC, AulKendrapara (as printed), for offences punishable under Ss. 303(2)/317(2)/325/3(5) of the BNS read with Sec. 11(1)(d)/12 of the Prevention of Cruelty to Animals Act, on the allegation of an attempt to transport 21 cattle in a container foiled by a police party, admitted to bail. Considering the nature and gravity of the alleged offences, pre-trial detention with substantial progress in investigation, the presumption of innocence, and the claimed absence of criminal antecedents, the Court granted bail WITHOUT EXPRESSING ANY VIEW ON MERITS, on a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount, to the satisfaction of the Court in seisin, on such terms and conditions as it deems fit.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8157 of 2025

Afsar

Petitioner

Mr. A. Mishra, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. M.R. Patra, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

01.

08.09.2025

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

This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Aul PS Case No.177 of 2025 arising out of GR Case No.461 of 2025 pending in the Court of learned JMFC, AulKendrapara, for commission of offences punishable U/Ss. 303(2)/317(2)/325/3(5) of the BNS r/w Sec.11(1)(d)/12 of the Prevention of Cruelty to Animals Act, on the main allegation of attempting to transport 21 numbers of cattle in a container, but failed in his attempt when police party came there.

Heard, Mr. Arijeet Mishra, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis

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the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 19.07.2025 with substantial progress in investigation and taking into account the other circumstances on record in entirety and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial and there being no criminal antecedent of the petitioner as claimed, this Court without expressing any view on merits admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Jayakrushna

Signature Not Verified

Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Sep-2025 12:54:48

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