Taju @ Tajuddin Khan @ Tayan Khan Vs State of Odisha

1 . The petitioner is an accused in connection with Tigiria P.S. Case No.223 of 2025 corresponding to C.T. Case No.215 of 2025 registered for the alleged commission of the offences punishable under Section 11(1)/ 126(2)/ 132/ 3(5)/303(2)/317(2) of the BNS, 2023 r/w Section 7 of the Orissa Prevention of Cow Slaughter Act, 1960, pending in the Court of the learned J.M.F.C., Tigiria. The petitioner had approached the learned Additional Sessions Judge, Athagarh in BLAPL No.17 of 2026 praying for grant of bail. The learned Court below vide its order dated 11.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.

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2. 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 aforesaid F.I.R.

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3. The prosecution case as per the F.I.R. is that on 14.10.2025, when the A.S.I. of Police, Tigiria Police Station was performing patrolling duty along with staff, they got credible information regarding illegal transportation of cattle in a Bolero Maxx Pick-up vehicle from Narasinghpur side to Banki side. On getting such information, immediately the informant along with staff proceeded to Baulanga Chhaka to intercept the aforesaid vehicle loaded with cattle. At about 3.45 A.M., they noticed that one white colour Swift Dezire and the alleged Bolero Pick-up came from Narasinghpur side in a high speed. They blocked the door in order to stop the vehicles, but two of the occupants of Bolero vehicle managed to escape. On search of the Bolero vehicle, the informant seized 9 numbers of cattle from the said Bolero vehicle. Hence, the case.

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4. Pursuant to the order dated 30.04.2026, the comprehensive affidavit has been filed disclosing that the

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petitioner is involved in six more cases of similar kind.

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5. Mr. Amulya Ratna Panda, learned counsel for the petitioner submits that the petitioner was taken into custody in Baramba P.S. Case No.377 of 2025 and thereafter, he has been remanded in most of the cases including the present case. The petitioner was not arrested from spot and on sere suspicion he has been remanded in this case. There is no direct evidence against the petitioner. The petitioner was not even arrested from the spot. The coaccused, who was arrested from the spot, has disclosed the name of the petitioner, on the basis of which the present petitioner has been remanded. He further submits that the co-accused, who was arrested from the spot, has already been granted bail. The petitioner has been in custody since 12.01.2026. In view of the aforementioned, the petitioner is entitled to the bail.

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6. Mr. Debaraj Mohanty, learned Additional Government Advocate appearing for the State submits that the petitioner is a habitual offender. Since he has six similar criminal antecedents, stringent conditions should be imposed, in the event, the petitioner is granted bail.

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7. Regard being had to the nature of allegation against the petitioner and the period of his custody since 12.01.2026, I am inclined to enlarge the petitioner on bail.

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8. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions. To allay the apprehension of the learned counsel for the State, it is directed as under:

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(i) He shall appear physically before the IIC of Tigiria Police Station on every Sunday from 10.00 A.M. to 1.00 P.M. at least for a period of six months without fail.

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(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

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(iii) He shall appear before the trial Court on each date on which the case is posted for trial without fail;

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(iv) He shall not tamper with the evidence in any manner whatsoever;

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(v) He shall not commit any offence while on bail, and (vi) He shall be released on bail subject to further verification of similar type of antecedents.

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Violation of any of the bail conditions imposed by this

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Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application

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before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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It is also made clear that, if the petitioner is found involved in any other case of similar nature, the concession of bail granted by this Court shall be withdrawn on the basis of the application filed by the prosecutor.

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9. The BLAPL is accordingly 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: 16-May-2026 19:32:28

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Taju @ Tajuddin Khan @ Tayan Khan v. State of Odisha

Case brief

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Taju @ Tajuddin Khan @ Tayan Khan v. State of Odisha

Case brief

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