Anticipatory Bail Archives - Supreme Court of India Judgements

June 14, 2026 2:28 pm

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Grant of Anticipatory Bail — Abuse of Authority by Law Enforcers — Supreme Court set aside the High Court’s order granting anticipatory bail to police officers accused of misusing their authority, extorting money, and causing stress to a citizen and his minor daughter — The Court emphasized that in cases where there is a clear abuse of authority by law enforcement officials, the normal presumptions applicable to ordinary accused persons may not apply, and greater caution is warranted — Observations made by the Supreme Court were held to be prima facie and not to govern the trial

May 31, 2026 sclaw

2026 INSC 596 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA Vs. RAHUL DATTA BHOSALE AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. )…

Anticipatory Bail Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.

May 28, 2026 sclaw

2026 INSC 548 SUPREME COURT OF INDIA DIVISION BENCH SAURABH AGRAWAL Vs. STATE OF UTTAR PRADESH AND ANOTHER ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal…

Anticipatory Bail Cr P C

Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.

Apr 27, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH OM PRAKASH CHHAWNIKA @ OM PRAKASH CHABNIKA @ OM PRAKASH CHAWNIKA Vs. THE STATE OF JHARKHAND AND ANOTHER ( Before : J.B. Pardiwala and…

Anticipatory Bail Bail Granted

. Grant of Anticipatory Bail — Supreme Court set aside the High Court’s order, allowing the appeal and directing the release of the appellant on bail upon arrest, subject to furnishing security and cooperating with the investigation — The Court emphasized that observations made would not prejudice the trial proceedings.

Apr 17, 2026 sclaw

2026 INSC 373 SUPREME COURT OF INDIA DIVISION BENCH VENU GOPALAKRISHNAN Vs. STATE OF KERALA AND ANOTHER ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Criminal Appeal No.…

Anticipatory Bail Bail Granted

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Appellant not named in FIR, no raid at his business premises, earlier cases ended in bail, cooperating with investigation, and no misuse of liberty granted — High Court wrongly refused anticipatory bail — Supreme Court sets aside High Court order and makes interim protection absolute.

Mar 15, 2026 sclaw

2026 INSC 215 SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR MUTTA Vs. THE STATE OF ANDHRA PRADESH ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal…

Anticipatory Bail Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest.

Oct 26, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH SHARMA Vs. THE STATE OF CHHATTISGARH ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No.4561/2025 [Arising out of…

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH KUMAR PRASAD Vs. THE STATE OF UTTAR PRADESH ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No.4371 of…

Anticipatory Bail

Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision

Sep 16, 2025 sclaw

2025 INSC 1114 SUPREME COURT OF INDIA DIVISION BENCH ANNA WAMAN BHALERAO Vs. STATE OF MAHARASHTRA ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Criminal Appeal No. 4004…

Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUNDAN SINGH Vs. THE SUPERINTENDENT OF CGST AND CENTRAL EXCISE ( Before : K.V. Viswanathan and Nongmeikapam Kotiswar Singh, JJ. ) Petition(s) for Special…

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

2025 INSC 501 SUPREME COURT OF INDIA DIVISION BENCH ANKIT MISHRA Vs. THE STATE OF MADHYA PRADESH AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. )…

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SARFAESI

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Auction Sale — Compliance with Rule 9 — Mandatory Nature — Payment of Balance 75% Beyond 15-Day Period — No Written Agreement for Extension — Sale Set Aside — Article 142 — Redemption Opportunity Granted to Legal Heirs of Deceased Guarantor.

Jun 12, 2026 sclaw

Cr P C

Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom.

Jun 12, 2026 sclaw

Constitution Service

Constitution of India, 1950 — Article 226(1) — Territorial jurisdiction — Writ petition by CAPF personnel — Delhi High Court — Jurisdiction based on situs of respondent’s office —The Delhi High Court has territorial jurisdiction under Art. 226(1) of the Constitution to entertain a writ petition preferred by any enrolled member of the Border Security Force or any Central Armed Police Force (CAPF) who is aggrieved by an administrative order of termination of service, by reason of the situs of the offices of the Union of India and the Director General of the concerned CAPF in New Delhi — and this jurisdictional competence subsists notwithstanding that the impugned order of termination was issued from a place outside the territorial limits of the Delhi High Court and that no part of the cause of action arose within such limits — The Union of India and the Director General, BSF are necessary parties to such a writ petition by virtue of Ss. 4 and 5 of the BSF Act and the requirement under R. 22(4) of the BSF Rules that every order of dismissal/removal be reported to the Director General; there is, moreover, a presumption that official acts have been regularly performed.

Jun 12, 2026 sclaw

Accident

Motor Vehicles Act, 1988 — Section 168 — Compensation — Death of homemaker — New head of ‘Loss of Domestic Care’ — Basis and quantum — The conventional method of computing compensation upon the death of a homemaker suffers from an inherent disadvantage — Notional income, as assigned by earlier decisions, fails to capture the economic, emotional and managerial contributions that a homemaker makes to the household and to nation-building at large — In recognition of the multifarious yet unquantified roles of a homemaker — (i) contribution towards smooth functioning of the household; (ii) loss of maternal support to children; and (iii) loss of spousal/parental support — a composite sum of Rs. 30,000/- per month shall be added under the head ‘Loss of Domestic Care’ — This sum shall serve as the stand-in monthly income where the homemaker has no conventional monetary income — It shall be revised cumulatively by 10% every three years — Where the homemaker is part of the paid workforce, this head shall be in addition to the proved monthly income.

Jun 12, 2026 sclaw

Category: Anticipatory Bail

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