The Orissa High Court denied granting anticipatory bail to the petitioner, who was accused of raising slogans and attacking the shops of people belonging to the Muslim community which led to an alarming situation in the locality.
Brief Facts:
The petitioner filed an application seeking bail under Section 438 CrPC in the apprehension of arrest for his alleged involvement in leading the group which conspired to attack the shops and residential houses of the Muslim community and raise slogans against them which led to an alarming situation in the locality.
Contentions of the Applicant:
The learned counsel appearing for the petitioner contended that the petitioner had no role in the alleged incident and he was falsely implicated in the case and there was nothing in the FIR to implicate him in the said offences.
Contentions of the Respondent:
The learned counsel for the state argued that the matter in issue was sensitive and the situation in the locality was not yet clear. It was further argued that the petitioner should not be granted bail because of the presence of material against him which prima facie attribute against him to have led the mob.
Observations of the Court:
The court observed that pre-arrest bail being an extraordinary discretionary power cannot be granted in routine and there was nothing in the FIR to show that the petitioner holds a prestigious position to draw an inference that in a situation of this kind, a case could have been hatched against him to defame him.
It was further stated that the grant of pre-arrest bail vis-à-vis the allegations made in the F.I.R. will have great ramifications when the situation is volatile and it should not be granted before the petitioner is subjected to investigation.
The decision of the Court:
The court refused to grant anticipatory bail to the petitioner and dismissed the application.
Case Title: Aniket Mishra vs. State of Odhisa
Coram: Hon’ble Mr. Justice Chittaranjan Dash
Case No.: ABLAPL No. 4068 of 2023
Advocate for the Applicant: Mr. Manas Kumar Chand
Advocate for the Respondent: Mr. Debasish Biswal
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