IMPORTANT POINT
Anticipatory bail – In serious matters, when High Court exercise its power of granting ad interim protection from arrest to accused, High Court is expected to record some reasons as to why it chooses to exercise its extra-ordinary jurisdiction.

ORDER

Permission to appear and argue in person is granted.

2. We have heard the petitioner-in-person and perused the record.

3. The petitioner is aggrieved by the impugned order passed by the learned Single Judge, High Court of Gujarat at Ahmedabad thereby issuing notice on the application for anticipatory bail filed by the respondent no.2 herein. While doing so, the learned Single Judge has also directed that respondent no.2 herein shall not be arrested in the meanwhile.

4. The First Information Report (FIR) lodged by the petitioner against the respondent no.2 is for the offences under sections 376(2)(F), 376(2)(N), 377, 354(A), 354(D), 503, 506(1) and 509 of the Indian Penal Code and sections 66(E) and 67(A) of the Information Technology Act, 2000.

5. In such serious matter, when the High Court exercised its power of granting ad interim protection from arrest to the respondent no.2 herein, the least that is expected by the High Court is to record some reasons as to why it chooses to exercise its extra-ordinary jurisdiction.

6. From the perusal of the impugned order, it could clearly be seen, that no reason even for namesake has been recorded in the impugned order. We therefore remit the matter to the High Court. Let the matter be placed before the concerned learned Single Judge of the High Court dealing with the applications for anticipatory bail on 07.06.2021, on which date the High Court would consider the question of grant of anticipatory bail or ad interim anticipatory bail by recording reasons in support of its order.

7. Needless to state, that the present petitioner is at liberty to apply for assisting the prosecution in the said proceedings and the learned Single Judge would grant an opportunity of being heard to the petitioner before passing orders in the proceedings initiated at the behest of the respondent no.2 herein. The orders be passed in any event prior to 11.06.2021.

8. The Registrar (Judicial) of this Court is directed to communicate this order forthwith to the Registrar (Judicial) of the High Court of Gujarat at Ahmedabad, who shall place the same before the Hon'ble the Chief Justice of the High Court of Gujarat.

9. The instant special leave petition is disposed of with the aforesaid observations.

10. Pending interlocutory applications, if any, stand disposed of.