Sk. Ajij Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Sk. Ajij Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Application disposed of without granting pre-arrest bail as such; petitioners directed to surrender before the learned 1st Additional Civil Judge-cum-J.M.F.C., Daspalla within a fortnight, upon which they are to be released on bail in G.R. Case No.766 of 2025 on a bail bond of Rs.30,000/- with one solvent surety for the like amount, subject to cooperation with the I.O. and effectiveness only upon verification of absence of similar antecedents.

Issue for consideration

Whether the petitioners (Sk. Ajij and another) are entitled to pre-arrest bail under Section 482 BNSS in connection with G.R. Case No.766 of 2025 / Daspalla P.S. Case No.359 dated 9th December, 2025, relating to alleged transport of cattle without authority or proper safeguards in which twenty cattle were found dead.

Court's answer

Pre-arrest bail as demanded was not granted; noting from the FIR (Annexure-1) that cattle were transported in a vehicle with twenty found dead, allegedly without proper safeguards or authority, and that the petitioners claim no past antecedents, the Court directed both petitioners to surrender before the learned court below for release instead of pre-arrest bail, subject to conditions.

Ratio / Principle

If the petitioners surrender before the learned 1st Additional Civil Judge-cum-J.M.F.C., Daspalla within a fortnight, they shall be released on bail in G.R. Case No.766 of 2025 on furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, with such other conditions as deemed just and proper, including that both shall cooperate with the I.O. in the investigation without default as and when called upon.

Key takeaways

The release-on-surrender order shall be given effect to only upon verification by the learned court below of the absence of similar antecedents against the petitioners.ratio¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (R.K. Pattanaik, J.), Order dated 18.02.2026 in ABLAPL No. 398 of 2026 — Sk. Ajij and another v. State of Orissa. Application under Section 482 BNSS for pre-arrest bail in G.R. Case No.766 of 2025 (Daspalla P.S. Case No.359 dated 9th December, 2025) before the 1st Additional Civil Judge-cum-J.M.F.C., Daspalla, concerning alleged transport of cattle in a vehicle without authority or proper safeguards in which twenty cattle were found dead. The case diary and antecedents report requested from the State on 20.01.2026 had not been received; the Court nonetheless disposed of the application on merit. Pre-arrest bail was not granted; instead, both petitioners were directed to surrender before the court below within a fortnight, failing which not applicable — upon surrender they are to be released on bail on a bond of Rs.30,000/- with one solvent surety for the like amount, with conditions including cooperation with the I.O., and the order to take effect only upon verification by the court below of absence of similar antecedents.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 398 of 2026

Sk. Ajij and another …. Petitioners

Mr. S.K. Samantaray, Advocate

-Versus-

State of Orissa

…. Opposite Party

Mr. M.K. Mohanty, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

18.02.2026

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.766 of 2025 pending in the file of learned 1^st Additional Civil Judge-cum-J.M.F.C., Daspalla arising out of Daspalla P.S. Case No.359 dated 9^th December, 2025 on the grounds stated.

Perused the FIR as at Annexure-1. This Court by order dated 20^th January, 2026 had requested the State to collect the case diary and ascertain the antecedents of the petitioners, however, the same is not received as informed to the Court. But the Court is inclined to dispose of the ABLAPL on merit, hence, the following order. Recorded the submission of learned counsel for the petitioners and it is claimed that the accused

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persons are having no antecedents of similar nature. As per the FIR i.e. Annexure-1, the Court finds that the cattle were transported in a vehicle and twenty of them found dead. The transportation is alleged to be without taking proper safeguards and also having no authority. Considering the fact that the petitioners alleged to be involved but having no past antecedents, as is claimed at present and recording the objection of learned counsel for the State, this Court is inclined direct both of them to surrender before the learned court below for being released instead of pre-arrest bail as has been demanded by them but subject to conditions.

4. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned 1^st Additional. Civil Judge-cumJ.M.F.C., Daspalla within a fortnight from today, it is directed that he shall be released on bail in connection with G.R. Case No.766 of 2025 corresponding to Daspalla P.S. Case No.359 dated 9^th December, 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances besides the following that both shall cooperate the I.O. in the investigation without default, as and when called upon. The above order shall be given effect to only upon verification by learned court below with absence of similar antecedents against the petitioners.

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Rojina

Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

Signature Not Verified

Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 19-Feb-2026 18:41:18

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