2025 SCC Vol. 4 Part 4
Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — In corruption offences: Law clarified on grant of anticipatory bail in
anticipatory bail
‘Now a mother of 25-days old child’; Bombay HC grants anticipatory bail to woman alleged to have assaulted and killed a biker
The applicant’s role, who was at the stage of 30 weeks’ of pregnancy, is of assaulting the deceased with fists and chappal.
‘Disturbing trend of exploitation of NRIs by unscrupulous individuals’; Punjab & Haryana HC rejects anticipatory bail pleas of accused in illegal land sale case
“The scale of this deceit is symptomatic of systemic abuse, where absence is weaponised and legal safeguards are routinely undermined. These offences not only impact the personal and financial security of the victims but also have cascading effects on public trust in the real estate ecosystem, and ultimately, the economic stability of the State.”
‘Granting relief will malign noble profession of advocacy’: Delhi HC dismisses anticipatory bail plea of an advocate in a road rage case
“Quite often, it is seen that road rage leads to loss of human lives as well. The damage caused gets aggrandized when one of the aggressors is a lawyer while the other is a President of a political organization.”
‘Adopted similar modus operandi of habitually entering into dubious transactions’; Bombay HC rejects anticipatory bail plea of real estate agent who allegedly conspired to cheat restaurant owner
The applicant did not approach the Court with clean hands which is the sine qua non, in an application for pre-arrest bail and the complaint has merit for which the applicant may have to be interrogated for effective and appropriate investigation as the law would mandate.
‘Example of internet-famous, unqualified quacks exploiting people’s insecurities’; P&H HC refuses anticipatory bail to influencer whose hair oil allegedly injured 71 people
“One cannot overlook the role played by the so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world. In a bid to meet these fickle societal standards of beauty, vulnerable people go to extreme lengths and even undergo risky procedures.”
‘Bribery strikes at root of public administration, erodes public faith in govt. institutions’; Punjab and Haryana HC rejects anticipatory bail plea of Junior Engineer
“The demand for Rs. 1000 — however modest in quantum — is not to be seen in isolation but must be viewed in light of the position held by the accused engineer and the context of the demand. The act of coercing an ordinary citizen to pay a bribe for availing a rightful service, amounts to gross misconduct.”
CBI cannot be rendered helpless in investigating further if during trap proceedings more information is received about offence/offenders: Delhi HC
Special Public Prosecutor submitted that there are 194 intercepted calls, revealing incriminating conversation involving the petitioner in negotiations and distribution of illegal gains. Thus, a larger conspiracy is to be unearthed, for which the custodial interrogation is needed.
Bombay HC rejects anticipatory bail plea of Former MP Harinarayan Rajbhar for allegedly misusing Government’s emblem to issue appointment letters
The present case is not a case where only one person has been cheated as there are many more victims, who are cheated by the applicant and in every crime, the applicant used a different team.
Kerala High Court grants bail to MS Solutions founder Shuhaib in class 10 question paper leak case
On 06-03-2025, the Kerala High Court denied anticipatory bail to Shuhaib.
‘Returning money does not end the crime’; Bombay HC denies anticipatory bail to bank employee accused of siphoning Rs. 46.58 Lakhs
The bank in question was a co-operative bank located at a remote Taluka in Maharashtra. The customers were small shop keepers and local villagers who had very meagre income. The accused took advantage of such situation and siphoned their money.
‘Taliban-style punishment’; Punjab & Haryana HC denies anticipatory bail to a man accused of parading victims with blackened faces & ‘I am a thief’ placards
The Court expressed concern that the accused persons took the law into their own hands without realising that their acts might affect and tarnish the image and reputation of the victims before society at large, out of whom some were girls, and one was a minor.
‘Suicide note did not reveal any serious fight in recent past’; Punjab and Haryana HC grants anticipatory bail to wife accused of abetting husband’s suicide
The Court stated that the Trial Court would examine whether the deceased took a drastic step of ending his life due to the regular and constant instigation of the accused or due to the weakness of his mental health.
Kerala Court grants bail to BJP leader PC George in hate speech case
A case was registered against PC George, alleging commission of offences punishable under Sections 196(1)(a), 299 of Bharatiya Nyaya Sanhita, 2023 and Section 120(o) of Kerala Police Act, 2011.
Punjab and Haryana HC rejects anticipatory bail plea in Rs. 7 Crores cybercrime through fake hearing before former CJI D.Y. Chandrachud
“It is noteworthy that instances of cyber fraud are increasing day by day, and according to the Data maintained by the Reserve Bank of India, Rs 3207 Crores were lost due to 5,82,000 cases of cyber-fraud between F.Y 2020 to F.Y. 2024.”
‘Legitimate personal account or homage’; P&H HC grants anticipatory bail to Manjinder Makha, author of book on Sidhu Moosewala’s murder
The book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it is not a case of intellectual property theft.
MP High Court grants bail to rape accused with condition to handover documents, electronic gadgets, social media access for investigation
The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.
Delhi High Court rejects anticipatory bail to wife accused of inflicting severe burns on husband with boiling water and red chilli powder
Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships.
‘Protracted absence, eluding law, & repetitive bail pleas don’t call for sympathy’: Punjab & Haryana HC refuses anticipatory bail to accused in 5kg opium case
“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”
‘Co-operation with investigation doesn’t extend to self-incrimination’; Punjab & Haryana HC grants anticipatory bail to accused in Municipal Corporation corruption case
“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”