apprehension of arrest

SCST Act applicability 'Goud' scheduled tribe anticipatory bail
Case BriefsHigh Courts

The Madhya Pradesh High Court granted anticipatory bail to the appellant, holding that the SC/ST Act is not applicable to a person who himself belongs to a Scheduled Tribe community — and that the State’s failure to verify CCTV footage despite court directions, combined with the appellant’s status as a government servant, left no ground for denial of bail.

Mere issuance of summons
Case BriefsHigh Courts

“In a complaint case involving accusation of a non-bailable offence, anticipatory bail is not maintainable upon the issuance of a summons, as there is no apprehension of arrest by the police without warrant.”

delhi high court
Case BriefsHigh Courts

It is based upon the discretion of the applicant which Court they want to approach since both the Court, namely, High Court and Court of Sessions, have concurrent jurisdiction and the same cannot be restricted by construing the provision of Section 438 of CrPC narrowly.