Sk. Rahimuddin Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Sk. Rahimuddin Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail refused, but conditional protection directed: Petitioners to surrender within four weeks and on bail application the court in seisin to release them on bail subject to verification of criminal antecedents, with automatic revocation clauses for Petitioner No.2 (any antecedent) and Petitioner No.1 (more than two antecedents).

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 438 CrPC should be granted to the Petitioners in connection with Nihalprasad P.S. Case No.114 of 2024 / G.R. Case No.311 of 2024.

Court's answer

The Court declined to grant pre-arrest bail to the Petitioners, considering the nature of allegation, gravity of offence and the fact of the case.

Ratio / Principle

Conditional direction in lieu of anticipatory bail: upon surrender before the court in seisin within four weeks and filing of a bail application, the court in seisin shall release the Petitioners on bail on terms it deems just and proper, subject to verification of their criminal antecedents.

Key takeaways

Automatic revocation conditions attached to the direction: if Petitioner No.2 is found to have any criminal antecedent, the order stands revoked for her; if Petitioner No.1 is found to have more than two criminal antecedents, the order automatically stands revoked for him.ratio¶23

Detailed headnote1 paragraphs

Criminal Law - Anticipatory bail - S. 438 CrPC - Orissa High Court (Aditya Kumar Mohapatra, J.), by order dated 04.07.2024, disposed of ABLAPL No.6653 of 2024 filed by Sk. Rahimuddin and Afsana Bibi in connection with Nihalprasad P.S. Case No.114 of 2024 / G.R. Case No.311 of 2024 (J.M.F.C., Gondia) for alleged offences punishable under Sections 379/411/34 IPC and the printed section string of the Prevention of Cruelty to Animals Act, 1960. Pre-arrest bail refused on consideration of nature of allegation, gravity of offence and facts; however, the court in seisin was directed to release the Petitioners on bail upon surrender within four weeks and application for bail, subject to verification of criminal antecedents, with automatic revocation if Petitioner No.2 has any criminal antecedent or Petitioner No.1 has more than two.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6653 of 2024

1) Sk. Rahimuddin

Afsana Bibi

.....

Petitioners

Represented By Adv. – Mr. Asit Kumar Jena

-versus-

State Of Odisha

.....

Opposite Parties

Represented By Adv. –

Mr. S. Jena, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.07.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Nihalprasad P.S. Case No.114 of 2024, corresponding to G.R. Case No.311 of 2024, pending in the court of learned J.M.F.C., Gondia, for alleged commission of offences punishable under Sections379/411/34 of the I.P.C. read with Section-ll(1)(a)/ll(l)(d)/111(e) of Prevention of Cruelty to Animals Act, 1960.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners

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surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners. In the event it is found by the court below that the Petitioner No.2 is having any criminal antecedent, then this order shall automatically stand revoked in respect of Petitioner No.2. In the event it is found by the court below that the Petitioner No.1 is having more than two criminal antecedents, then this order shall automatically stands revoked in respect of Petitioner No.1 is concerned.

5. Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( Aditya Kumar Mohapatra)

Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 09-Jul-2024 09:50:34

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