Orissa High Court
ABLAPL/9636/2026 of MD. HASAN Vs STATE OF ODISHA on 21 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9636 of 2026 CNR No. ODHC010624832026 Md. Hasan …. Petitioner Mr. D.K. Mohapatra, Advocate -versus- State of Orissa …. Opposite Party Mr. S.S. Routray, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 21.08.2026 01. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9636 of 2026
CNR No. ODHC010624832026
Md. Hasan
….
Petitioner
Mr. D.K. Mohapatra, Advocate
-versus-
State of Orissa
….
Opposite Party
Mr. S.S. Routray, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
21.08.2026
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.173 of 2025 pending on the file of learned J.M.F.C., Rajgangpur arising out of Kutra P.S. Case No.40 of 2025 for commission of offences punishable under Section 303(2)/ 317(2)/ 3(5) of BNS, 2023 read with Section 11(1) of Prevention of Cruelty to Animals Act, 1990.
3. It is submitted by the learned counsel that exaggerated allegations have been made in the case at hand primarily because the Petitioner has criminal antecedent.
4. It is stated that merely because of criminal antecedent, the Petitioner’s prayer for pre-arrest bail ought not to be rejected and the allegations in the case at hand should be considered independently.
5. On instruction, learned counsel for the State submits that the Petitioner has eight criminal antecedents.
6. Considering the rival submission, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Rajgangpur in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Rajgangpur on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C., Rajgangpur, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Rajgangpur is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below.
8. The ABLAPL is accordingly disposed of.
(V. NARASINGH)
Judge Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Aug-2026 19:11:42 Signature Not Verified