The court granted anticipatory bail due to significant delay in filing the F.I.R., emphasizing that such delay impacts the assessment of the case's merits.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Appeal against rejection of anticipatory bail application by High Court - F.I.R. lodged one and a half years post-incident - Appellant's habitual offender status noted - Court inclined to grant bail considering delay in lodging F.I.R. and without expressing opinion on merits. (Paras 2, 6, 9)

(B) Bail - Conditions for grant - Appellant to be released on bail if not required in any other case, subject to conditions imposed by Trial Court and diligent participation in investigation. (Paras 7, 8)

Facts of the case:
The appeal arises from the rejection of an anticipatory bail application concerning a case registered one and a half years after the alleged incident, with the appellant being a habitual offender.

Findings of Court:
The court accepted the appeal, allowing bail under specified conditions, emphasizing the delay in filing the F.I.R. as a significant factor.

Issues: The main issues addressed were the delay in lodging the F.I.R. and the implications of the appellant's status as a habitual offender on the bail application.

Ratio Decidendi: The court reasoned that the significant delay in filing the F.I.R. warranted the granting of anticipatory bail, while also noting the appellant's habitual offender status without prejudicing the merits of the case.

Result: Appeal allowed.

O R D E R

1. Leave granted.

2. The present appeal is directed against the impugned judgment and order dated 13.06.2024, passed by the High Court of Chhatisgarh at Bilaspur in MCRCA No. 620 of 2024, whereby the High Court had rejected the application filed by the appellant under Section 438 of the Cr.P.C ., seeking anticipatory bail in connection with the Crime No.28 of 2024 dated 05.01.2024, registered at Police Station-Sarkanda, District-

Bilaspur.

3. Heard learned counsel for the parties and perused the material on record.

4. It is submitted by the counsel appearing for the appellant that the F.I.R. in the case was lodged one and half year after the alleged incident took place, Signature Not Verified Digitally signed byand the appellant is also not aware about any suicidal Nisha Khulbey Date: 2024.10.01 18:43:49 IST Reason:

note, if at all available with the Investigating Officer.

5. However, counsel appearing for respondent-State submits that the appellant is a habitual offender inasmuch as, there are about 10 cases in which the appellant is involved.

6. Having regard to the submissions made on behalf of the counsel for the parties and to the fact that the F.I.R was lodged one and a half years after the alleged incident took place, and without expressing any opinion on the merits of the case, we are inclined to accept the present appeal.

7. Hence, it is directed that in the event of the arrest of the appellant, in connection with the Crime No.28 of 2024 dated 05.01.2024, registered at Police Station-Sarkanda, District-Bilaspur, he shall be released on bail, if he is not required in any other case, on such terms and conditions that may be imposed or deem fit by the Trial Court and also subject to his joining the investigation diligently, 8. It goes without saying that the respondent shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.

9. Accordingly, the appeal is allowed.

10. Pending application(s), if any, shall stand closed.

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2024 Supreme(Online)(SC) 9994

SUPREME COURT OF INDIATAIYYAB HUSSAIN – AppellantVersusSTATE OF CHHATTISGARH – RespondentCrl.A. No.-004095-004095 - 2024

The court granted anticipatory bail due to significant delay in filing the F.I.R., emphasizing that such delay impacts the assessment of the case's merits.

SUPREME COURT OF INDIA
TAIYYAB HUSSAIN – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
Crl.A. No.-004095-004095 - 2024