Soni Bibi Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Soni Bibi Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail refused; Petitioners directed to surrender within three weeks in connection with Jenapur P.S. Case No.87 of 2024 / C.T. Case No.587 of 2024 before learned J.M.F.C., Chandihole and then seek regular bail, release being left to the trial court's discretion subject to a Rs.7,000/- cash deposit and production of valid registration certificate of the vehicle; trial court to verify antecedents, failing which the directive does not operate. Application disposed of.

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the Petitioners in apprehension of arrest for alleged involvement in offences under Sections 379/411/34 IPC read with Section 11(1) D of the Prevention of Cruelty to Animals Act (Jenapur P.S. Case No.87 of 2024). +1 more

Court's answer

Anticipatory bail was not granted; considering the nature, gravity and seriousness of the allegations, the Court directed that the Petitioners surrender within three weeks in connection with Jenapur P.S. Case No.87 of 2024 (C.T. Case No.587 of 2024) pending before learned J.M.F.C., Chandihole, and thereafter move for regular bail.

Ratio / Principle

Upon surrender and moving for bail within the stipulated period, the Petitioners shall be released on such terms and conditions as would be deemed just and proper by the learned trial court, subject to deposit of cash of Rs.7,000/-.

Key takeaways

Further condition imposed: the Petitioners shall produce valid registration certificate of the vehicle.ratio¶17
The learned trial court shall verify the antecedents of the Petitioners; in case of (adverse) antecedent, the Court's directive shall not be given effect to.ratio¶18

Detailed headnote1 paragraphs

Bail application ABLAPL No.3819 of 2024, High Court of Orissa at Cuttack, single bench of Justice Chittaranjan Dash, disposed of 26.04.2024. Petitioners Soni Bibi 'and another', represented by Mr. S.K. Das, claimed to be owners of the vehicle allegedly involved in the crime without knowledge of it, sought bail under S. 438 Cr.P.C. apprehending arrest for alleged offences under Ss. 379/411/34 IPC read with S. 11(1) D of the Prevention of Cruelty to Animals Act (Jenapur P.S. Case No.87 of 2024 corresponding to C.T. Case No.587 of 2024, pending before learned J.M.F.C., Chandihole). Anticipatory bail was not granted; the Court directed surrender within three weeks and subsequent release on bail on the trial court's discretion, subject to a cash deposit of Rs.7,000/- and production of the vehicle's valid registration certificate, with antecedents to be verified by the trial court, adverse findings vitiating the directive.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3819 of 2024

Soni Bibi and another …. Petitioners Mr. S.K. Das, Advocate

-versus-

State of Odisha

…. Opp. Party Mr. M.K. Mohanty, ASC

CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

26.04.2024

Heard learned counsel for the Petitioners and the State.

This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s.379/411/34 IPC read with Section 11(1) D of the Prevention of Cruelty to Animals Act.

It is submitted by the learned counsel for the Petitioners that the Petitioners are the owner of the vehicle involved in the alleged crime but they have no knowledge about the crime alleged.

Keeping in view the nature of allegation, the gravity and the seriousness, this Court while not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender in connection with Jenapur P.S. Case No.87 of 2024 corresponding to C.T. Case No.587 of 2024 pending in the court of learned J.M.F.C., Chandihole within a period of three weeks’ hence and move for

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bail, they shall be released on such terms and conditions as would be deemed just and proper by the said court subject to deposit of cash of Rs.7,000/- (rupees seven thousand) in the manner to be directed by the learned court concerned with further condition that the Petitioners shall produce valid registration of certificate of the vehicle.

The learned trial court, however, shall verify the antecedent of the Petitioners. In case of antecedent, this order shall not be given effect to.

The ABLAPL is disposed of.
(Chittaranjan Dash)
Judge

KC Bisoi

Signature Not Verified

Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Designation: Secretary Reason: Authentication Location: orissa high court Date: 26-Apr-2024 16:35:38

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