Back
SUPREME COURT OF INDIA
J. Chelameswar, S. Abdul Nazeer, JJ.
Priya Taneja – Appellant
Versus
State (Govt. of NCT Delhi) – Respondent
Criminal Appeal Nos. 1686 of 2017 (Arising out of SLP (Crl.) Nos. 4430-4432 of 2017)
Decided On : 18-09-2017
Anticipatory Bail - Family Circumstances - The court granted anticipatory bail to the appellant, considering her family circumstances and the need to care for her two young children.
Fact of the Case:
The appellant filed a bail application apprehending her arrest in connection with a criminal case. She cited her family circumstances, being a married lady with two young children, as a ground for seeking anticipatory bail.
Finding of the Court:
The court found that considering the age of the appellant's younger child, it was just and proper to grant her anticipatory bail, setting aside the order of the High Court.
Issues: The main issue was whether the appellant should be granted anticipatory bail based on her family circumstances and the potential impact of her arrest on her children.
Ratio Decidendi: The court considered the family circumstances of the appellant, particularly the age of her younger child, as a determining factor in granting anticipatory bail.
Final Decision: The appeal was allowed, and the appellant was granted anticipatory bail with specific conditions to be fulfilled upon arrest.
JUDGMENT :
Leave granted.
2. This appeal is directed against the order dated 05.05.2017 in bail application No. 2486/2014, whereby the High Court of Delhi has rejected her petition for grant of anticipatory bail.
3. The petitioner had filed the above bail application before the High Court apprehending her arrest by the police in FIR No. 10/2014, registered at Police Station, EOW (C&R), under Sections 409, 420, 120B of I.P.C. We have heard the learned counsel for the parties and it is evident from the materials on record that the appellant is a married lady and having two children, born on 27.09.2012 and 27.03.2017. It is contended that there is no other female member in her family to look after the children in case she is arrested by the police. Considering the age of the younger child, who is about five months old, we are of the view that it is just and proper to grant her anticipatory bail.
4. Therefore, the appeal is allowed and the order of the High Court in bail application No. 2486/2014 dated 05.05.2017 is set aside. We direct that in the event of the arrest of the appellant in connection with FIR No. 10/2014 dated 04.02.2014, registered at the Police Station EOW (C&R), she shall be released on bail provided she furnishes a personal bond of the sum of Rs.25,000/- along with two sureties of like sum to the satisfaction of the concerned IO (SHO) on the following conditions:
(i). That the appellant shall make herself available for interrogation by the police officer as and when required.
(ii). That the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or any police officer.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
