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SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Shamim Ansari S/o Nasim Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant criminal appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 07.06.2023 passed by the learned Special Judge (POCSO Act), Bokaro in Anticipatory Bail Petition No. 612 of 2023 arising out of Spl. POCSO Case No. 38 of 2023, whereby and whereunder the prayer for pre-arrest bail in connection with Bokaro Thermal P.S. Case No. 58 of 2017 corresponding to G.R. Case No. 584 of 2017, registered under Sections 370, 376, 366-A, 120(B) of Penal Code, under Sections 4 and 12 of Protection of Children From the Sexual Offences Act, has been rejected.
2. Mr. R.S. Mazumdar, learned senior counsel for the appellant assisted by Mrs. Pinki Kumari, learned counsel has submitted by referring to the first information report that there is no specific allegation against the appellants and as such, it is a fit case for grant of pre-arrest bail but the learned trial court below without taking into consideration the aforesaid fact has rejected the instant bail application of the appellants, therefore, the instant appeal.
3. On the other hand, Mr. Sanjay Kumar Srivastava, learned Additional Public Prosecutor appearing for the r
Anticipatory bail can only be granted in exceptional circumstances where the applicant is prima facie falsely implicated, considering the nature of accusations and facts of the case.
Anticipatory bail can be granted based on the presumption of innocence and the need to prevent unjustified detention, considering the specific facts of each case.
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
An accused cannot seek anticipatory bail for newly added serious charges without challenging the prior bail order; the court emphasized the need for proper legal recourse.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
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