Ankit Tiwari @ Praduyut vs State of Madhya Pradesh

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2026 Supreme(Online)(SC) 545

SUPREME COURT OF INDIA
J.K. Maheshwari, Atul S. Chandurkar, JJ
Ankit Tiwari @ Praduyut – Appellant
Versus
State of Madhya Pradesh – Respondent
Special Leave to Appeal (Crl.) No. 1281/2026

Important Points

Grant of bail is justified in serious offences where the accused has undergone significant pre-trial incarceration and the pace of trial remains slow with several witnesses yet to be examined.

Subject

Criminal Law - Bail and Anticipatory Bail

Act Referred

Indian Penal Code, 1860: S.302, S.201, S.120B, S.365
Arms Act, 1959: S.25, S.27

Headnote

The petitioner filed a Special Leave Petition aggrieved by the High Court's refusal to grant regular bail. The petitioner has been in custody since August 7, 2023, concerning FIR No. 414/2023 for alleged offences under Sections 302, 201, 120B, and 365 of the Indian Penal Code, 1860, and Sections 25 and 27 of the Arms Act, 1959. The Court noted the protracted period of pre-trial detention (over 2.5 years) and the fact that 16 out of 28 witnesses remained to be examined. The issue centered on whether the petitioner, considering the duration of incarceration and the progress of the trial, should be granted bail. The Court, without venturing into the merits of the allegations, reasoned that the length of custody served as a primary factor favoring the request for bail. The special leave petition was allowed, and the petitioner was ordered to be released on bail subject to conditions imposed by the trial court.

Advocates:
For the Appellants/Petitioners: Nikhil Goel, S. Hariharan, Vikash Singh
For the Respondents: Mrinal Gopal Elker, Sarthak Raizada-g.a., Anurag Singh, Silpi S Swain

Table of Content
1. summary of offences and duration of pre-trial custody. (Para 1)
2. court’s discretion in granting bail based on duration of detention. (Para 2 , 3 , 4 , 5)

O R D E R

1) Against the order of rejection of regular bail by the High Court and to seek bail, the present special leave petition has been filed. The petitioner is in custody w.e.f. 07.08.2023 in connection with FIR No.414/2023 dated 03.08.2023 for the offences punishable under Sections 302, 201, 120B and 365 of the Indian Penal Code, 1860, and Sections 25 and 27 of the Arms Act, 1959, registered with Police Station Amarpatan, District Satna, Madhya Pradesh.

2) After hearing learned counsel for the parties and looking to the fact that the petitioner is in custody since last more than 2½ years and, as informed, 12 out of 28 witnesses are yet to be examined, considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail.

3) Accordingly, we direct to release the petitioner on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court.

4) Petitioner to abide all the conditions as imposed and shall regularly attend the trial until exempted by the Court. Violation, if any, may give a cause to take recourse as permissible and the trial Court is at liberty to do the needful.

5) Accordingly, and in view of the foregoing, the special leave petition stands allowed. Pending application(s), if any, shall stand disposed of.