Anticipatory Bail

A collection of 23 posts

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Salil Mahajan v. Avinash Kumar 2025 INSC 1396- CrPC - Anticipatory Bail

Read Judgment In LawLens Code of Criminal Procedure 1973 - Section 438 - The possibility of the accused to influence prosecution witnesses, threatening the family members of the deceased, fleeing from justice or creating other impediments in the fair investigation, ought not to be overlooked (Para 8) [Context: Supreme Court

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Sanjay Kumar Gupta v. State of U.P.- Quashing Petition - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 482 - Constitution of India - Article 226 -To grant the relief of pre-arrest bail in a criminal writ petition while refusing to exercise jurisdiction to quash the proceedings is totally unacceptable and impermissible. (Para 7) Case Info Key Details * Case name: Sanjay

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Gurvinder Singh vs Jasbir Singh @ Jasvir Singh - Anticipatory Bail - Restoration

Code of Criminal Procedure 1973 - Section 438 - HC dismissed anticipatory bail petition -  On a later petition, the dismissal order was recalled, and anticipatory bail was granted - Allowing appeal, SC observed: After having passed an order dismissing the prayer for anticipatory bail, the Court could not have

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Mohammed Rasal C vs State of Kerala - CrPC : BNSS - Anticipatory Bail - Directly Approaching HC

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 ; Code of Criminal Procedure 1973 - Section 438 - Though the concurrent jurisdiction is conferred upon the Sessions Court and the High Court to entertain a prayer for pre-arrest bail, the hierarchy of Courts demands that no person seeking such remedy should

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Kiran v. Rajkumar Jivraj Jain 2025 INSC 1067 - CrPC - Anticipatory Bail - SC-ST Act

Code of Criminal Procedure, 1973 - Section 438 ; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3,18,18A -Bar against grant of anticipatory bail in absolute terms in relations to the arrest of a person who faces specific accusations of having committed the offence under

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

State of Andhra Pradesh vs N. Sanjay 2025 INSC 973 - Anticipatory Bail - Investigation

Note Sign in to read our notes on this judgment. Register @ citecase.in to subscribe ! Read Judgment Code of Criminal Procedure 1973 - Section 438 - Anticipatory Bail - Interference in a matter where a person comes before the Court seeking anticipatory bail does not, and should not, automatically lead

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Manjeet Singh vs State Of Uttar Pradesh - S. 482 BNSS - Anticipatory Bail - Concurrent Jurisdiction

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Anticipatory Bail - Not necessary for an accused to approach the Sessions Court in the first instance, as a rule, before approaching the High Court- High Court exercises concurrent jurisdiction along with the Sessions Court insofar as grant of anticipatory bail

Criminal

Anil Kumar vs State of Jharkhand - CrPC - Anticipatory Bail Condition To Resume Conjugal Life

Code of Criminal Procedure 1973 - Section 438 - [Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482] - High Court granted anticipatory bail to an accused on condition that he resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife- Allowing appeal, SC

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Nikita Jagganath Shetty @ Nikita Vishwajeet Jadhav vs State Of Maharashtra - Anticipatory Bail

The Supreme Court reiterates that there must exist strong reasons for granting anticipatory bail to a person accused of grave offences.

Criminal

Ankit Mishra vs State Of Madhya Pradesh 2025 INSC 501 - Anticipatory Bail Cancellation

Constitution 0f India - Article 136 ; Code of Criminal Procedure 1973 - Section 438 - Once the benefit of anticipatory bail has been given by the High Court, the consideration for its cancellation has to be tested on the anvil as to whether the High Court has committed any serious

Criminal

Serious Fraud Investigation Office vs Aditya Sarda 2025 INSC 477 - Anticipatory Bail - Absconding Accused

Code of Criminal Procedure 1973 - Section 438, 82 - When after the investigation, a chargesheet is submitted in the court, or in a complaint case, summons or warrant is issued to the accused, he is bound to submit himself to the authority of law. If he is creating hindrances

Criminal

Deepak Kumar Tala vs State Of Andhra Pradesh 2025 INSC 390 - SC-ST Act - Anticipatory Bail

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2(1)(r) and 2(1)(s) - When there is no allegation that such statement was made in the presence of members of the general public, Sections 2(1)(r) and 2(1)(s) of the

Criminal

Ritesh Kumar vs State Of Bihar - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 : Bharatiya Nagarik Suraksha Sanhita 2023- Section 482- Anticipatory Bail - Whenever a Court considers an application for anticipatory bail/bail, it is a composite order and one portion cannot be segregated from the other. Thus, if a Court gives indulgence in one

Criminal

Devinder Kumar Bansal vs State Of Punjab 2025 INSC 320 - Anticipatory Bail- Corruption Cases

Code of Criminal Procedure 1973 - Section 438 - BNSS - Section 482 - Anticipatory Bail- The presumption of innocence, by itself, cannot be the sole consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering

Criminal

Pradip N. Sharma vs State Of Gujarat 2025 INSC 291 - Ss. 438,482 CrPC -Anticipatory Bail - Quashing

Code of Criminal Procedure 1973 - Section 438 : BNSS 2023 - Section 482 - Anticipatory bail can be granted where custodial interrogation is not essential, particularly in cases where the allegations hinge on official records and the presence of the accused can be secured without pre- trial detention. (Para 18)

Criminal

Hitesh Umeshbhai Mashru vs State Of Gujarat 2025 INSC 246 - Anticipatory Bail

Note: No legal aspects discussed - SC allows appeal against HC judgment that dismissed anticipatory bail application. Hitesh Umeshbhai Mashru vs State Of Gujarat 2025 INSC 246 - Anticipatory BailHitesh Umeshbhai Mashru vs State Of Gujarat 2025 INSC 246 - Anticipatory Bail.pdf130 KBdownload-circle

Criminal

Apruva Kirti Mehta vs State Of Maharashtra - Bail - Courts Not Recovery Agents

Code of Criminal Procedure 1973 - Section 437-439- Bail - The courts, exercising jurisdiction to grant bail/pre-arrest bail, are not expected to act as recovery agents for realization of dues of the complainant from the accused. (Para 8) Apruva Kirti Mehta vs State Of Maharashtra - Bail - Courts

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Srikant Kumar @ Shrikant Kumar vs State Of Bihar - S 438 CrPC - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 - Anticipatory Bail - HC, while granting anticipatory bail, imposed a pre- condition on the accused for paying maintenance to wife - Allowing appeal, SC quashed this condition and observed: When application for bail is filed, the Court is required to impose

BNSS

Deepak Aggarwal Vs Balwan Singh - S 482 BNSS - Anticipatory Bail - Ad Interim Protection

Code of Criminal Procedure 1973 - Section 438 - BNSS 2023 - Section 482- Ordinarily, when the High Court takes up anticipatory bail application for hearing it has three options. Either it may reject it on the very first day or it may issue notice to the State but would

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Mamta Kaur Vs State Of Punjab 2025 INSC 49 - Anticipatory Bail

Summary: HC rejected anticipatory bail - Allowing appeal, SC grants anticipatory bail. Mamta Kaur Vs State Of Punjab 2025 INSC 49Mamta Kaur Vs State Of Punjab 2025 INSC 49.pdf67 KBdownload-circle

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Shambhu Debnath vs State Of Bihar 2024 INSC 1032 - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 - Anticipatory Bail - Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse

Anticipatory Bail

Kulandaiswamy vs State - S 438 CrPC - Anticipatory Bail

Code of Criminal Procedure 1973 - Accused deposited a sum of Rs.25 lakhs with the Trial Court-High Court permitted the said amount to be withdrawn by the complainant- Allowing appeal filed by, SC observed: An application for anticipatory bail is not a recovery proceeding, and, therefore, the amount cannot

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Siddique vs State Of Kerala 2024 INSC 877 - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 - Anticipatory Bail Granted - Allowing appeal, SC observed: Considering the fact that the complainant had lodged the complaint almost eight years after the alleged incident, which had taken place in 2016 and the fact that she had also posted the post