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2025 Supreme(SC) 370
SUPREME COURT OF INDIA
BELA M. TRIVEDI, PRASANNA B. VARALE, JJ.
Hitesh Umeshbhai Mashru – Appellant
VERSUS
The State of Gujarat & Anr. – Respondents
Criminal Appeal No. 812 of 2025 (Arising out of SLP(Criminal) No. 12437 of 2024)
Decided On : 18-02-2025
For the Petitioner(s): Mr. Virat Popat, Adv. (through VC) Mr. Lokesh Kumar Choudhary, AOR
For the Respondent(s): Mr. Prashant Bhagwati, Adv. Ms. Swati Ghildiyal, AOR Ms. Aastha Mehta, Adv. Mr. Anshuman Srivastava, AOR
Anticipatory bail granted under IPC sections 493 and 376(2)(n) due to completed investigation and charge-sheet filing, with conditions for cooperation.
Headnote:(A) Indian Penal Code - Sections 493 and 376(2)(n) - Anticipatory bail - The High Court rejected the application for anticipatory bail in connection with an FIR for cheating under the pretext of marriage and sexual offences - The appellant, having married the prosecutrix at the age of 47, joined the investigation after being granted protection against arrest - The charge-sheet has been filed in the case. (Paras 2, 4, 6, 7)
(B) Bail - Conditions for granting bail - The court directed that the appellant shall be released on bail if arrested, subject to conditions imposed by the Trial Court, and must continue to cooperate with the investigation. (Paras 8, 9)
Facts of the case:
The appeal arises from the rejection of anticipatory bail by the High Court concerning an FIR for offences under IPC sections related to cheating and sexual assault, where the appellant claims to have married the prosecutrix.
Findings of Court:
The appeal is allowed, and the appellant is granted bail subject to conditions.
Issues: The main issues addressed include the legitimacy of the marriage and the circumstances surrounding the allegations of cheating and sexual offences.
Ratio Decidendi: The court ruled that the appellant should be granted bail in light of the completed investigation and the filing of the charge-sheet, emphasizing the need for cooperation with the investigation.
Result: Appeal allowed.
| Table of Content |
|---|
| 1. appeal arises from rejection (Para 2 , 3) |
| 2. counsel for appellant submits (Para 4) |
| 3. counsel for respondent objects (Para 5 , 6) |
| 4. court considers submissions (Para 7) |
| 5. bail granted with conditions (Para 8 , 9) |
| 6. appeal allowed (Para 10 , 11) |
JUDGMENT
1. Leave granted.
2. The present appeal arises out of the impugned judgment and order dated 23.08.2024, passed by the High Court of Gujarat at Ahmedabad in R/ Criminal Misc. Application (for successive anticipatory bail) No. 16462 of 2024, whereby the High Court had rejected the said application, filed by the present appellant, seeking anticipatory bail in connection with the F.I.R. No. 11203024220505 dated 16.07.2022, registered at Police Station-B-Division, DistrictJunagadh, for the offence punishable under Sections493 and 376(2)(n) of the Indian Penal Code (for short ‘IPC’).
3. Heard learned counsel appearing for the parties and perused the material on record.
4. It is sought to be submitted by the learned counsel, Mr. Virat Popat, appearing for the appellant, that the appellant had married the prosecutrix (respondent no.2) at the age of 47 years, and it was the third marriage of both the parties i.e. the appellant and the prosecutrix. He further submitted that the appellant has joined the investigation after he was granted protection against his arrest by this Court vide the order dated 01.10.2024.
5. Learned counsel appearing for the respondent- State, relying upon the additional affidavit filed by the Investigating officer, submitted that the investigation is over, and as per his instructions, the charge-sheet has already been filed in the case.
6. Learned counsel, Ms. Aastha Mehta, appearing for respondent no.2 (prosecutrix), however, has objected to the granting of the anticipatory bail to the appellant by submitting that the appellant had cheated the respondent no.2 (prosecutrix) under the pretext of marriage. She further submitted that their marriage was also not registered, however they had married as per their customs.
7. Having regard to the submissions made by the learned counsels appearing for the parties and to the fact that now the charge-sheet has already been filed but, without expressing any opinion on the merits of the case, we are inclined to accept the present appeal.
8. Hence, it is directed that in the event of the arrest of the appellant, in connection with the F.I.R. No. 11203024220505 dated 16.07.2022, registered at Police Station-B-Division, District- Junagadh, he shall be released on bail, if not required in any other case, on such terms and conditions that may be imposed by the Trial Court. He shall continue to co-operate with the investigation.
9. It goes without saying that the respondent-State shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.
10. Accordingly, the appeal is allowed.
11. Pending application(s), if any, shall stand closed.
