Case Note & Summary
The appeal arose from the rejection of an anticipatory bail application by the High Court of Madhya Pradesh. The appellant, apprehending arrest in connection with Crime No.0076 dated 10.03.2022 registered at Police Station Kotwali Sheopur for offences under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860, had sought anticipatory bail before the High Court. The High Court rejected the application, leading to the present appeal before the Supreme Court. The core legal issue was whether the appellant was entitled to anticipatory bail considering the allegations and circumstances of the case. The appellant's counsel argued for bail while the State's counsel opposed it. The Supreme Court analyzed the allegations in the First Information Report, noting that the incident in question had occurred five months before the FIR was lodged. Considering this delay and the attending circumstances, the court found that a case for anticipatory bail was made out. The court made absolute its earlier interim order granting protection from arrest and directed that if arrested, the appellant be released on bail upon furnishing cash security of Rs.50,000 with two sureties. The bail was expressly granted subject to the appellant rendering complete cooperation in the investigation, presenting himself when requisitioned by the investigating officer, and not hampering the investigation or trial. The appeal was allowed with these observations and conditions.
Headnote
A) Criminal Procedure - Anticipatory Bail - Grant of Bail - Code of Criminal Procedure, 1973, Section 438 - Appellant apprehended arrest for offences under Sections 376(2)(n) and 506 IPC - High Court rejected anticipatory bail application - Supreme Court considered allegations that incident occurred five months before FIR was lodged and attending circumstances - Held that case for anticipatory bail was made out and granted bail with conditions including cash security and cooperation with investigation (Paras 1-3).
Issue of Consideration
Whether the appellant is entitled to anticipatory bail for offences under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860
Final Decision
Appeal allowed. Interim order dated 14.07.2022 made absolute. Appellant granted anticipatory bail with conditions: (a) if arrested, to be released on bail on furnishing cash security of Rs.50,000 with two sureties, subject to complete cooperation in investigation; (b) to present himself when requisitioned by investigating officer; (c) not to hamper investigation or trial.
Law Points
- Anticipatory bail principles
- consideration of delay in lodging FIR
- attending circumstances
- conditions for bail
- cooperation with investigation
