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2025 Supreme(SC) 1363
SUPREME COURT OF INDIA
B.V. NAGARATHNA AND SATISH CHANDRA SHARMA, JJ.
Tanya sharma – Appellant
Versus
State Of Madhya Pradesh – Respondent
Criminal Appeal No. 509 of 2025 (@ Special Leave Petition (Crl.) No. 16919/2024)
Decided on : 31-01-2025
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 61(2) and 64 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - Appellant challenged the High Court decision rejecting her application for anticipatory bail due to allegations of sexual assault. The appellant, a student, asserted the charges were frivolous and mainly because the actual offender was in custody. The court found merit in the appeal and granted anticipatory bail subject to conditions. (Paras 3, 7, 10, 12)
(B) Criminal procedure - Anticipatory bail applications should carefully consider the necessity of custodial interrogation against the context of the case and the nature of the allegations. The right to pre-arrest bail should not be denied without substantial reasons. (Paras 8, 9)
Facts of the case:
The appellant sought anticipatory bail after being accused in connection with a crime involving allegations of sexual assault. The main accused was already in jail, leading the appellant to argue that the proceedings against her were unfounded. The High Court had previously rejected the bail application on the grounds of necessary custodial interrogation.
Findings of Court:
The Supreme Court allowed the appeal, directing the release of the appellant on bail if arrested, while ensuring she cooperates with the investigation.
Issues: The principal issues regarded whether the rejection of anticipatory bail by the High Court was justified given the circumstances, particularly the appellant's status as a student and the existence of the main accused in custody.
Ratio Decidendi: The court emphasized that mere allegations do not justify denial of anticipatory bail, especially when the main accused is in custody. The court balanced the need for justice with the appellant's right to liberty.
Result: Appeal allowed.
| Table of Content |
|---|
| 1. overview of the anticipatory bail application (Para 3 , 4) |
| 2. arguments for and against bail (Para 7 , 8) |
| 3. court's view on entitlement for bail (Para 9) |
| 4. conditions and order of bail granted (Para 10 , 11) |
ORDER :
1. Leave granted.
2. This appeal challenges the order dated 26.11.2024 passed by the High Court of Madhya Pradesh at Gwalior in Misc. Criminal Case No. 48510 of 2024.
3. Apprehending arrest in connection with the crime registered pursuant to FIR No. 666 of 2024 dated 25.10.2024 lodged with P.S Maharajpura, District Gwalior, Madhya Pradesh in respect of the offences punishable under Sections 64 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("the BNSS " for short).
4. Said application for anticipatory bail having been rejected by the High Court vide impugned order dated 26.11.2024, the instant appeal has been preferred.
5. Vide order dated 06.12.2024, while issuing notice, this Court granted interim protection in favour of the appellant.
6. We have heard learned senior counsel for the appellant and learned counsel for the respondent-State.
7. Learned senior counsel for the appellant submitted that the offence alleged against the appellant herein are frivolous; that the appellant is a student, who is studying journalism in fifth Semester. The actual offender, who is the main accused is in jail but that is no reason to refuse the grant of anticipatory bail to the appellant herein. He therefore, submitted that impugned order(s) may be set aside and relief of anticipatory bail be granted to the appellant herein.
8. Per contra, learned counsel for the respondent/State, with reference to his counter affidavit submitted that the main accused is in jail. However, it is necessary to interrogate the appellant herein and therefore, custodial interrogation is necessary as sexual assault has been committed on the victim. In the circumstances, there is no merit in this appeal and the same may be dismissed.
9. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 of the BNSS .
10. We, therefore, allow this appeal and set aside the order passed by the High Court dated 26.11.2024. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.
11. It is directed that the appellant shall extend complete cooperation in the ensuing investigation. The appellant shall not misuse her liberty and shall not in any way influence the witnesses or tamper with the material on record.
12. With the aforesaid directions, the criminal appeal is allowed.
