State of Maharashtra v. Rahul Datta Bhosale 2026 INSC 596 – Anticipatory Bail; Police Misconduct; Custodial Interrogation

Code of Criminal Procedure, 1973 – Section 438 (Anticipatory Bail) — In every case of anticipatory bail the factors which ought to weigh with the Courts are, the gravity of the offence, probity of the evidence, antecedents of the accused, possibilities of; flight, tampering with evidence, influencing witnesses, the impact on society and any aspect peculiar to the case or the accused, and the grant of anticipatory bail especially to a wayward police officer charged with enforcement of law, where the normal presumptions applicable to an accused‑layperson would not apply, is frowned upon when there is a clear abuse of authority. (Para 3)

Police Investigation – Standard Operating Procedures for Search and Seizure (Valuables on Railway Premises) — When valuable items are found on search, police personnel are required to verify the ‘Bar Code Linked Identification Card’ issued by the Jewellers Association along with the accompanying documents detailing the description, weight and receipt of the valuable item, conduct such inspection in a secure location within the police station premises with the rigor of recording the inspection on video, and record the search in a register; taking the de‑facto complainant to a closed room without CCTV, with no entry of his name in the search register, and displaying total insensitivity to the child accompanying him, are factors that disturb the Court while considering anticipatory bail. (Page 8)