Summary
The Supreme Court granted anticipatory bail to the appellant accused of offences under Sections 493 and 376(2)(n) IPC, noting that he had joined the investigation under interim protection and the charge-sheet had since been filed, without expressing any opinion on the merits.
Issues
- Whether the appellant, whose successive application for anticipatory bail was rejected by the High Court, should be granted pre-arrest bail once the investigation was complete and the charge-sheet filed.
Held
- No question of law was decided. Given that the appellant had joined the investigation after interim protection from arrest, and that the charge-sheet had been filed, the Court granted anticipatory bail without expressing any opinion on the merits, despite the prosecutrix's objection that she had been cheated under the pretext of marriage. (¶¶ 4, 5, 6, 7)
- If arrested in connection with the FIR, the appellant is to be released on bail on terms and conditions to be imposed by the Trial Court, must continue to co-operate with the investigation, and the State is at liberty to seek cancellation of bail if those conditions are breached. (¶¶ 8, 9)
Result
Appeal allowed; High Court's order rejecting anticipatory bail set aside; appellant to be released on bail on arrest on conditions fixed by the Trial Court, with liberty to the State to seek cancellation on breach.