VidhiSangh

Supreme Court of India · 12/07/2022

SADHNA CHAUDHARY versus THE STATE OF RAJASTHAN & ANR.

[2022] 13 S.C.R. 239 · 2022 INSC 712

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Summary

A woman alleged that a police Station House Officer in 2018 drugged and sexually exploited her, filmed her and used the recordings to continue the exploitation for two years, then abducted and assaulted her in May 2020, whereupon she lodged an FIR under Sections 376, 323, 341, 354 and 379 IPC. The Rajasthan High Court granted him anticipatory bail. The State supported her appeal: investigation had unearthed substantial evidence, a counter-FIR by the officer's wife had been found false and closed, and the phone, videos and the victim's belongings were yet to be recovered from an accused who was not cooperating. The Supreme Court set the bail aside: given the gravity of the offences, pending recoveries and non-cooperation this was not a fit case, a police officer's adherence to law must be more stringent, and the High Court had wrongly accepted the accused's version as true.

Issues

  1. Whether anticipatory bail under Section 438 CrPC was rightly granted to a police officer accused of drugging, raping and blackmailing the complainant, when the State stated that recoveries of the mobile phone, obscene videos and the victim's belongings were pending and the accused was not cooperating.
  2. Whether the High Court erred in treating the averments in the accused's bail petition as true without weighing the material against him.
  3. What factors govern the grant of anticipatory bail.

Provisions considered

Held

Result

Appeal allowed; the Rajasthan High Court's order of 25.08.2021 set aside and the accused's Section 438 CrPC application dismissed. Two weeks granted to surrender, failing which the investigating agency may arrest him; any regular bail application to be decided on its own merits.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 239.