Disposed¶26

Sk. Rafik v. State of Odisha

Orissa HC7 May 2026ABLAPL/2308/2026

Case brief

AI extract

What is this about?

Anticipatory bail / pre-arrest bail refused for criminal antecedents; ABLAPL No.2308 of 2026; High Court of Orissa at Cuttack; Justice Sibo Sankar Mishra; Sk. Rafik v. State of Odisha; Khuntuni P.S. Case No.33 of 2026; C.T. Case No.99 of 2026; S.D.J.M. Athagarh; Sections 111(2)/296/3(5) BNS 2023; Section 11(A) Prevention of Cruelty to Animals Act 1960; cattle loaded without food and water; cruelty to animals; mini truck; Champapur village; night patrolling; four criminal antecedents; affidavit; surrender before trial Court; regular bail on merit; same-day consideration; order dated 07.05.2026; ABLAPL disposed of.

What did the court decide?

None - anticipatory bail application not entertained; petitioner left free to surrender before the trial Court and seek regular bail. ¶26

Sk. Rafik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None - anticipatory bail application not entertained; petitioner left free to surrender before the trial Court and seek regular bail.

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Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the petitioner in connection with Khuntuni P.S. Case No.33 of 2026 / C.T. Case No.99 of 2026, in view of his disclosed criminal antecedents.

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Court's answer

The anticipatory bail application is not entertained: the petitioner having four criminal antecedents, the Court declined to entertain the present anticipatory bail application.

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Ratio / Principle

It is kept open for the petitioner to surrender before the trial Court and move for regular bail.

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Key takeaways

If a regular bail application is moved by the petitioner before the trial Court, the same shall be considered by the Courts below on merit in accordance with law, on the same day.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail refused - four criminal antecedents. Sk. Rafik sought pre-arrest bail in ABLAPL No.2308 of 2026 (High Court of Orissa at Cuttack; order dated 07.05.2026; Justice Sibo Sankar Mishra) in connection with Khuntuni P.S. Case No.33 of 2026 corresponding to C.T. Case No.99 of 2026, registered for offences under Sections 111(2)/296/3(5) of the BNS, 2023 r/w Section 11(A) of the Prevention of Cruelty to Animals Act, 1960, pending before the learned S.D.J.M., Athagarh. The case arose from an incident of 03.02.2026 at about 3.15 A.M., when a night-patrol police team near Champapur village found persons loading cattle without food and water in a cruel manner into a mini truck; the accused abused the officers and fled, and several cattle were found in poor health. Pursuant to an order dated 21.04.2026, counsel filed an affidavit disclosing that the petitioner has four criminal antecedents; on that ground the Court declined to entertain the anticipatory bail application, while keeping it open for the petitioner to surrender before the trial Court and move for regular bail, which the Courts below were to consider on merit in accordance with law on the same day. The ABLAPL was disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2308 of 2026

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Sk. Rafik

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…. Petitioner

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Mr. Sambit Mohanty, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. Debaraj Mohanty, AGA

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CORAM: JUSTICE SIBO SANKAR MISHRA

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ORDER

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Order No. 07.05.2026

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02.

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1. Heard.

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2. The petitioner is seeking pre-arrest bail in

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connection with Khuntuni P.S. Case No.33 of 2026 corresponding to C.T. Case No.99 of 2026 registered for alleged commission of offences punishable under Sections 111(2)/296/3(5) of the BNS, 2023 r/w Section 11(A) of the Prevention of Cruelty to Animals Act, 1960, pending in the Court of the learned S.D.J.M., Athagarh. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the

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aforesaid F.I.R.

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Page 1 of 3

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4. The allegation against the petitioner is that on 03.02.2026 at about 3.15 A.M., when the Police officers were performing night patrolling duty near Champapur village, they received credible information about 4 to 5 persons were loading cattle without food and water in a cruelty manner at an isolated place. The police team immediately reached the spot and found some persons were loading cattle into a mini truck. On seeing the police team, the accused abused the officers and fled away to the nearby forest taking advantage of the darkness. During search, several cattle were found in poor health condition allegedly kept without food and water for a long time. Hence, the case.

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5. Pursuant to the order dated 21.04.2026, learned counsel for the petitioner has filed the affidavit disclosing that the petitioner has four criminal antecedents.

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6. In view of the above, since the petitioner is having four criminal antecedents, I am not inclined to entertain the present anticipatory bail application. However, it is kept open for the petitioner to surrender

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Page 2 of 3

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before the trial Court and move for regular bail. If such

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regular bail application is moved by the petitioner before the trial Court, the same shall be considered by

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the Courts below on merit in accordance with law, on the same day.

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7. With the aforementioned observation, the ABLAPL is disposed of.

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(S.S. Mishra) Judge

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Subhasis

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Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-May-2026 13:26:49

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Page 3 of 3

Sk. Rafik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Rafik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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