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SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Beerbal Prasad Rajoriya – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No.1446 of 2022 (Arising out of SLP (Crl.) No.5869 of 2022)
Decided On : 05-09-2022
Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the appellant based on the allegations made in the First Information Report and the attending circumstances, finding that the case of anticipatory bail is made out.
Fact of the Case:
The appellant sought anticipatory bail in connection with a crime registered under Sections 376(2)(n) and 506 of the Indian Penal Code. The High Court rejected the application, leading to the appeal.
Finding of the Court:
The court found that the case of anticipatory bail is made out based on the allegations in the First Information Report and the attending circumstances, and granted the appellant anticipatory bail with certain conditions.
Issues: The main issue was whether the appellant was entitled to anticipatory bail in connection with the registered crime.
Ratio Decidendi: The court considered the timing of the incident in relation to the lodging of the First Information Report and the attending circumstances to determine that the case of anticipatory bail is made out.
Final Decision: The appeal was allowed, and the court granted the appellant anticipatory bail with specific conditions.
ORDER
1. Leave granted.
2. This appeal arises out of the judgment and order dated 14.06.2022 passed by the High Court of Madhya Pradesh at Gwalior in Miscellaneous Criminal Case No.23648 of 2022.
3. Apprehending arrest in connection with crime registered pursuant to First Information Report No.0076 dated 10.03.2022 lodged with Police Station Kotwali Sheopur, District Sheopur, Madhya Pradesh, in respect of the offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860 ("IPC" for short), the appellant preferred an application before the High Court seeking anticipatory bail.
4. Said application having been rejected, the instant appeal has been preferred.
5. While issuing notice on 14.07.2022, this Court granted interim relief in following terms:
"Pending further consideration, the petitioner shall not be arrested in connection with First Information Report No.0076 dated 10.03.2022 registered with Police Station Kotwali Sheopur, District Sheopur, Madhya Pradesh, in respect of the offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860."
6. In this appeal, we have heard Mr. Fuzail Ahmad Ayyubi, learned Advocate for the appellant; and, Mr. Gopal Jha, learned Advocate for the State.
7. Going by the allegations made in the First Information Report that the incident in question had occurred five months before the First Information Report was lodged and the attending circumstances, in our view, the case of anticipatory bail is made out.
8. In the circumstances, we make the aforesaid interim order dated 14.07.2022 absolute and direct as under:
a) in the event of being arrested in connection with the aforesaid crime, the Arresting Officer shall release the appellant on bail on his furnishing cash security in the sum of Rs.50,000/- (Rupees fifty thousand only) with two like sureties.
The aforesaid relief is granted expressly subject to the appellant rendering complete cooperation in the ensuing investigation.
b) The appellant shall present himself as and when his presence is requisitioned by the investigating officer.
c) The appellant shall not in any way try to hamper the course of investigation or conduct of trial.
9. With these observations, the appeal is allowed.
The court may grant anticipatory bail based on the allegations in the First Information Report and the attending circumstances, if the case of anticipatory bail is made out.
The main legal point established is the entitlement to anticipatory bail in connection with specific criminal offences under the IPC, subject to specified conditions.
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
Grant/denial of anticipatory bail – State would have to show or indicate more than prima facie why custodial interrogation of accused is required for the purpose of investigation.
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....
Points OF The Law : Perused first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.
The Supreme Court emphasized that anticipatory bail should not be misconstrued as a norm and cautioned against granting ad interim relief that essentially provides final outcomes pending full hearing....
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