Haladhar Nayak vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 6344 Ori

Orissa High Court

Haladhar Nayak vs State Of Odisha .... Opposite Party on 26 June, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                          ABLAPL No.6911 of 2025

             Haladhar Nayak                    ....            Petitioner
                                           Mr. R. L. Pattnaik, Advocate
                                      -versus-

             State of Odisha                   ....        Opposite Party
                                                    Mr. C.R. Swain, AGA

                        CORAM: JUSTICE V. NARASINGH
                                      ORDER

26.06.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with G.R Case No.358 of 2025 pending on the file of learned S.D.J.M., Koraput, arising out of Pottangi P.S. Case No.48 of 2025 for commission of offences punishable under Sections 281/125(a)/125(b)/196/299/303(2)/3(5) of BNS read with Section 11(a)(d)(e) of the Prevention of Cruelty to Animals Act.

3. It is submitted by the learned counsel that the basis of implication of the Petitioner is on account of co-accused statement who has been taken into custody.

4. It is further submitted that the Petitioner has no criminal proclivity.

5. Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that six accused persons in the case at hand have been taken into custody. Hence, the Petitioners ought not to be released on pre-arrest bail.

6. It is trite that merely because the co-accused have taken into custody so far as the other accused are concerned their cases cannot be taken into consideration on merits while considering their application for pre-arrest bail. Reference in this context is made to the latest judgment of the Apex Court in the case of Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 wherein the Hon'ble Supreme Court had clarified that anticipatory bail is a facet of custody bail and all the conditions which weigh with this Court in considering an bail application ought to apply in the case of consideration of an anticipatory bail.

7. Considering the matter on the touchstone of latest dictum of the Apex Court, it is directed that in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case within three weeks hence, he shall be released on bail on such

terms and conditions as deemed just and proper subject to verification of criminal antecedent.

If it comes to fore that the Petitioner has criminal antecedent of similar nature, this order shall not be given effect to.

8. The ABLAPL is accordingly disposed of.

(V. NARASINGH) Judge

Jina

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 26-Jun-2025 17:53:15