Anticipatory bail is not automatically granted based on custodial interrogation needs; courts must assess the prima facie case and severity of allegations against the accused.

ORDER

Leave granted.

2. Heard Mr. S.V. Raju, learned Additional Solicitor General (‘ASG’) along with Mr. Sidharth Luthra, learned Senior Counsel, for the appellant-State and Mr. Kapil Sibal, learned Senior Counsel, along with Mr. Siddhartha Dave, learned Senior Counsel, for the respondent.

3. The present appeal is directed against the Order dated 30.01.2025 passed by a learned Single Judge of the High Court of Andhra Pradesh in Criminal Petition No. 58 of 2025 filed under Section 482 ¹[‘482. Direction for grant of bail to person apprehending arrest.— (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person 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 from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of Section 480, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).

(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under Section 65 and sub-section (2) of Section 70 of the Bharatiya Nyaya Sanhita, 2023.’] of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) by the respondent, whereby he was granted anticipatory bail.

BRIEF FACTUAL OVERVIEW:

4. The respondent, an officer borne on the Indian Police Service, at the relevant point in time to which the First Information Report (‘FIR’) viz. Cr. No. 05/RCO-CIU-ACB/2024 ² [Under Sections 409 , 420, 477A read with 120B of the Penal Code, 1860 and 13(1)(a) read with 13(2) and 7 of the Prevention of Corruption Act, 1988] at PS ACB, CIU, Vijayawada is material, was posted as Additional Director General of Police, Criminal Investigation Department, Andhra Pradesh and/or Director General, Andhra Pradesh State Disaster Response and Fire Services. Various allegations are levelled against the respondent/accused no. 1. It is alleged that the respondent, inter alios, manipulated tender(s) for Development and Maintenance of AGNI-NOC Web Portal, Mobile App and supply of hardware in violation of the prescribed procedures resulting in misappropriation of public funds, and; allegedly signed an Agreement (‘Agreement’) with a private party (‘contractor’) for holding awareness camps for Scheduled Caste and Scheduled Tribe community members in various Distric