A recent court decision has provided significant legal analysis on the grant of anticipatory bail in a case involving a serious offense. The court’s thorough examination of the legal principles surrounding anticipatory bail and the conditions imposed on the appellant sheds light on the complexities of criminal procedure. This summary highlights the key points of the court’s decision, offering valuable insights into the legal considerations involved in such matters.
Facts
- Notice was issued to the appellant on 13.08.2018 granting interim relief of stay of arrest, which has been enjoyed for the last 3½ years.
- The appeal challenges the judgment dated 05.02.2018 by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail No.9433 of 2017.
- The appellant is apprehending arrest in connection with a crime registered under FIR No.345/2017 dated 19.08.2017 at Police Station Ambamata, District Udaipur, Rajasthan for the offence under Section 306 IPC.
- The appellant preferred an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
- The High Court granted anticipatory bail to the appellant.
- The appellant was directed to cooperate with the investigation and appear before the investigating officer as and when required.
- The appellant was also required to furnish a personal bond and surety amount.
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Decision
- The High Court’s order has been set aside and the appeal has been allowed.
- The appellant, if arrested, shall be released on bail upon furnishing cash security of Rs.50,000/- and two sureties.
- The appellant must cooperate fully in the investigation and present himself before the Investigating Officer on a specified date and time.
- The appellant must remain present from 11.00 a.m. to 5.00 p.m. throughout the week for the investigation.
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Case Title: DHEERAJ BHADVIYA Vs. THE STATE OF RAJASTHAN (2022 INSC 271)
Case Number: Crl.A. No.-000358-000358 / 2022
