Orissa High Court Denies Anticipatory Bail To Man Accused Of Ransacking Shops, Raising Slogans Against Muslims During Hanuman Jayanti Celebration

The Orissa High Court has recently denied anticipatory bail to a person accused of leading a group of people to attack shops belonging to Muslim community and raising slogans against them, which led to a violent situation in Sambalpur town last month.

While rejecting the pre-arrest bail application, the Single Judge Bench of Justice Chittaranjan Dash said,

“…grant of pre arrest bail vis-à-vis the allegations made in the F.I.R. will have a great ramification when the situation is volatile and as such it is not desirable to allow pre-arrest bail in favour of the Petitioner before he is subjected to investigation/interrogation.”

An FIR was lodged against a group of persons including the petitioner, for allegedly ransacking the New Alishan Shoe Centre in Sambalpur town on 14.04.2023. The incident occurred when a procession was carried to celebrate Hanuman Jayanti.

From the preliminary enquiry it was found that about 50 persons, taking advantage of the huge gathering in the procession of Hanuman Jayanti, attacked the Shoe Centre and shouted abusive and provocative slogans against the Muslim communities, thereby outraging their religious feelings.

It was alleged that the petitioner led the group and had previously conspired to attack the shops and residential houses of the Muslim community in retaliation to some violent incidents that happened during a bike-rally taken up by the Hanuman Jayanti Seva Samiti on 12.04.2023. This led to a very alarming situation for which curfew had to be imposed in the entire Sambalpur Town.

The petitioner approached the High Court praying for the grant of anticipatory bail as he apprehended his arrest. He contended that he had no role in the alleged incident and he was falsely implicated in the case. He pleaded that there is nothing in the FIR to implicate him in the offences alleged.

However, after perusing the FIR, the Court observed,

“The name of the present Petitioner along with others finds place in the F.I.R., who led the mob and attacked the shops as well as the residential houses of the Muslim community. A judicial notice can also be taken of the fact that a riot took place thereafter leading to arson and bloodshed.”

The Court also said that there is nothing in the FIR which suggests the petitioner holds a prestigious position so as to draw an inference that false allegations could have been casted on him in order to defame him.

“Nothing also appears from the ground propounded by the Petitioner in his prayer for pre-arrest bail showing him to be a person having clean image or a man of standing repute, the custodial interrogation whereupon would tarnish his image,” the Court added.

The Court was of the view that grant of the anticipatory bail will have a negative effect, especially when the situation is volatile and not completely normal to the date. Therefore, it rejected the anticipatory bail application.

Case Title: Aniket Mishra v. State of Odisha

Case No.: ABLAPL No. 4068 of 2023

Counsel for the Petitioner: Mr. Manas Kumar Chand, Advocate

Counsel for the State: Mr. Debasish Biswal, Addl. Standing Counsel

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