Mere Fear is Not Belief: Orissa High Court on Anticipatory Bail Rejection

In a significant ruling, the High Court of Orissa, presided over by Justice Sashikanta Mishra, rejected an anticipatory bail application (ABLA No. 12397 of 2023) filed by the owner of a hotel linked to a sexual offense case. The court underscored a pivotal legal interpretation stating, “Mere ‘fear’ is not ‘belief’”, emphasizing the requirement for reasonable grounds in apprehension of arrest for granting anticipatory bail.

The petitioner, apprehending arrest in connection with a case involving sexual offenses at his hotel, sought relief under Section 438 of the Criminal Procedure Code. The allegations revolved around a shocking incident where individuals were accused of sexually abusing a woman in the petitioner’s hotel.

Justice Mishra, in his judgment, highlighted the need for tangible grounds to substantiate the fear of arrest, referencing the Apex Court’s interpretation in the landmark case of Gurbaksh Singh Sibbia vs. State of Punjab. The court found the petitioner’s apprehension to be unfounded, as there were no direct allegations against him in the FIR or the Investigating Officer’s report.

Furthermore, the court addressed the preliminary objection raised by the State regarding the non-maintainability of the application. The petitioner’s apprehension was deemed groundless, especially considering the involvement of Section 376-DA of IPC, which brings into play the specific provisions of Section 438(4) of Cr.P.C.

The decision reflects a meticulous interpretation of anticipatory bail provisions, underscoring the court’s approach towards applications lacking substantial grounds for the fear of arrest. This judgment sets a precedent in the judicial scrutiny of anticipatory bail applications, especially in sensitive cases involving serious allegations like sexual offenses.

Date of Decision: 10 November, 2023

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