Granting of Anticipatory Bail: Legal Analysis

In a recent legal case, the court’s thorough analysis highlighted the justification for granting anticipatory bail. Despite the apprehension of arrest, the court found the circumstances in favor of the appellant, emphasizing the criteria met for anticipatory bail. The decision showcases the court’s careful consideration of the situation and its belief in the necessity for anticipatory bail in this specific case.

Facts

  • The appellant filed an application for anticipatory bail in connection with a crime registered under Sections 376/328/506/313 IPC.
  • The High Court of Delhi rejected the appellant’s application for anticipatory bail.
  • The appellant has now filed an appeal challenging the judgment and order dated 11.10.2019 passed by the High Court of Delhi.
  • The appellant apprehends arrest in connection with FIR No.300/2019 lodged at Police Station New Ashok Nagar, District East Delhi.
  • The appellant has been enjoying relief for over two years
  • Action is being taken against the appellant

Also Read: Electoral Malpractices in Mayor Election

Analysis

  • After considering all aspects of the case, the appellant is entitled to anticipatory bail.
  • The circumstances of the case support the granting of anticipatory bail.
  • The court believes that the appellant meets the necessary criteria for anticipatory bail.
  • In the court’s view, anticipatory bail is warranted in this situation.

Also Read: Balancing Power and Transparency: Electoral Bonds Struck Down, Disclosure Mandated

Decision

  • The appellant will be released on bail if arrested in connection with the crime.
  • Cash security of Rs.50,000 along with two like sureties is required.
  • Complete cooperation in the investigation is mandatory.
  • The appellant must present himself before the Investigating Officer when requested.

Also Read: Recall of Resolution Plan Approval: Legal Analysis

Case Title: ABHISHEK KUMAR Vs. THE STATE OF DELHI (2022 INSC 275)

Case Number: Crl.A. No.-000360-000360 / 2022

Click here to read/download original judgement

Leave a Reply

Your email address will not be published. Required fields are marked *