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IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi
Shweta Devi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.
2. The petitioner is apprehending her arrest, in connection with Koderma P.S. Case No. 100 of 2023, for the offence registered under Sections 379 , 411, 420 of the INDIAN PENAL CODE , Section 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017 and Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 pending in the Court of learned C.J.M., Koderma.
3. Mr. Ajit Kumar, learned Senior counsel appearing for the petitioner submits that the prayer for anticipatory bail of this petitioner with regard to the said P.S. case was rejected by the order dated 01.05.2024 passed in A.B.A. No. 1840 of 2024, against that, the petitioner has moved before the Hon’ble Supreme Court in Special Leave Petition (Criminal) Diary No. 40896 of 2024, which was rejected by the Hon’ble Supreme Court by order dated 19.09.2024. He submits that review petition was also filed before the Hon’ble Supreme Court, being Review Petition (Crl.) No. 546 of2024, which was dismissed by the Hon’ble Supreme Court.
4. He further submits that the petiti
Anticipatory bail may be granted if new grounds arise despite prior denials, weighing individual liberty against public interests and prior bail cases.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
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