A Division Bench of the Supreme Court comprising Justice BR Gavai and Justice Vikram Nath heard a petition for setting aside of anticipatory bail and allowed the petition while observing that the Rajasthan High Court granted anticipatory bail in a matter involving serious offence under Section 302 of the IPC, without considering the issue on merits and without citing reasons.

Advocate H.D Thanvi appearing for the Petitioner/Complainant, opposed the grant of anticipatory bail by the Rajasthan High Court. The Supreme Court while setting aside the bail order of the high court observed that the grant of anticipatory bail in a serious offence of  302 IPC and that too without any reason is not justified and directed the Respondent/Accused to surrender before police within four weeks.

It was contended in the petition that the accused was granted anticipatory bail without any reasons by the Hon'ble High Court, therefore charge sheet against respondent no. 2 Sunita has been kept pending u/s 173(8) Crpc. And the charge-sheet u/s 302, 342, and 34 IPC was filed against the other co-accused persons. The trial court with a well-reasoned order rejected the anticipatory bail application of the accused. 

The Incident took place on19.02.2022 when the nephew of the complainant (Mukesh) received a call from the daughter of respondent no. 2. She asked him to come to her home and later he was kept hostage in the room and he was beaten up. The deceased died on the way to the hospital. FIR was lodged by the petitioner at Jhunjhunu Police Station.

In May this year, High Court granted anticipatory bail to the accused, and later in September, it was confirmed which was challenged before the Supreme Court.

Case Details:-

SLP (Crl.) No. 9516/2022

PAPPU RAM …PETITIONER
VERSUS
STATE OF RAJASTHAN & ANR …RESPONDENTS