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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Naveen Kedia S/o Late Shri K.P. Kedia – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Siddharth Agarwal, learned senior counsel appearing for the petitioner and Mr. Sumeet Gadodia, learned counsel appearing for the A.C.B.
2. I.A. No. 876 of 2026 has been filed for ignoring the defect No. 20, as pointed out by the office.
3. Learned senior counsel appearing for the petitioner has submitted that so far as defect No. 20 is concerned, the vakalatnama of the petitioner has been filed, however, it is not in the stamp of the Jail Superintendent. He next submitted that the petitioner was arrested by the ACB on 07.01.2026 from Goa and was thereafter produced before the Court of the learned Sessions Judge, Merces, Goa on 08.01.2026 and on that day, the petitioner preferred an application for grant of bail under the Second proviso to Section 83 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He further submitted that during the pendency of bail application, the petitioner was remanded to police custody for one day. He then submitted that the bail application of the petitioner was allowed by the learned Court at Goa on 09.01.2026, granting the petitioner interim bail for a period of four days, i.e., till 12.01.
Regular bail under BNSS Section 483 requires accused's physical presence or surrender establishing judicial custody; interim bail without compliance does not suffice, rendering application non-mainta....
The main legal point established in the judgment is the interpretation of 'custody' within the meaning of Section 439 of CrPC and the application of constructive custody in determining the eligibilit....
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
Default bail—Essential requisite for availing statutory bail is that accused must have undergone authorised period of detention ordered by Magistrate.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
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