2024 Supreme(Online)(SC) 5217
SUPREME COURT OF INDIA
MR. JUSTICE J.K. MAHESHWARI, MR. JUSTICE SANJAY KAROL, JJ
BIRJA SINGH – Appellant
Versus
THE STATE OF BIHAR – Respondent
SLP(Crl) No.-002904 - 2024
Advocates:
Ms. Fauzia Shakil, AOR; Mr. Shivansh Saxena, Adv.; Mr. Samir Ali Khan, AOR; Mr. Pranjal Sharma, Adv.; Mr. Abhimanyu Jhamba, Adv.; Mr. Kashif Irshad Khan, Adv.; Mr. Irshad Ahmad, AOR; Mr. Arvind Kumar Shukla, Adv.; Mr. Shantanu Shukla, Adv.; Ms. Neena Shukla, Adv.; Ms. Surbhi Khanna, Adv.
The court granted anticipatory bail to the petitioners, emphasizing the need for cooperation with the investigation while ensuring protection from coercive action.
Headnote:(A) Indian Penal Code, 1860 - Sections 354 and 456 - Protection of Children from Sexual Offences Act, 2012 - Section 8 - Anticipatory bail - Petitioners apprehending arrest in connection with serious allegations - Interim relief granted by the Court to prevent coercive action against petitioners, subject to cooperation with the investigation. (Paras 1, 2)
(B) Code of Criminal Procedure, 1973 - Section 82 - Proceedings initiated against petitioners - Court deemed it appropriate to continue interim protection and grant anticipatory bail, allowing petitioners to be released on bail upon furnishing suitable bonds. (Paras 3, 4)
Facts of the case:
Petitioners are facing allegations under IPC and POCSO Act, with proceedings initiated under Cr.P.C. for their arrest. Court provided interim relief to prevent coercive action.
Findings of Court:
The Court allowed the special leave petition and directed the release of petitioners on anticipatory bail, subject to conditions.
Issues: The main issues addressed were the appropriateness of anticipatory bail in light of the allegations and the necessity of interim protection.
Ratio Decidendi: The Court ruled that the petitioners should be granted anticipatory bail to ensure their cooperation with the investigation while not expressing any opinion on the merits of the case.
Result: Special leave petition stands allowed.
ORDERThe petitioners are apprehending their arrest in connection with Complaint Case No. 498 of 2018 registered for the offences punishable under Sections 354 and 456 of the Digitally signed by Nidhi Ahuja Date: 2024.05.16 17:17:03 IST Reason:
Signature Not Verified SLP (Crl.) No. 2904/2024 Indian Penal Code, 1860, read with Section 8 of Protection of Children from Sexual Offences Act, 2012.
While issuing notice on 26.02.2024, this Court by way of interim relief, directed that no coercive steps shall be taken against the petitioners subject to their cooperation with the investigation.
Respondent No.1State and respondent No.2 complainant have filed their respective counter affidavit. On perusal thereto, we find that proceedings under Section 82 of the Code of Criminal Procedure, 1973 (Cr.P.C.) were initiated. Looking to the allegations as leveled against the petitioners and the role as assigned, we deem it appropriate to continue the interim protection and to release the petitioners on anticipatory bail.
In view of the above, without expressing any opinion on the merits of the case, we allow this special leave petition and direct that in the event of arrest, the petitioners shall be released on bail on furnishing suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the Court concerned.
We further direct that the petitioners shall appear before SLP (Crl.) No. 2904/2024 the trial Court on 31st May, 2024, at 11 a.m. and continue to appear until granted exemption by the Court.
It is made clear here that violation of the terms of bail, if any, may give a cause to the complainant to take recourse as permissible and the trial Court is at liberty to do the needful.
We further direct that if any new incident is found against the petitioners, the respondents are at liberty to take recourse seeking cancellation of bail.
Accordingly, and in view of the foregoing, this special leave petition stands allowed. Pending application(s), if any, shall stand disposed of.
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