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Abhishek Kumar vs. State of Delhi

Criminal Appeal · 2022 INSC 275Decided 7 Mar 2022
Criminal Appeal No. 360 of 2022
Uday Umesh Lalit · S. Ravindra Bhat

Background

An FIR was registered against the appellant at New Ashok Nagar Police Station, East Delhi, in May 2019 for serious offences including rape, causing miscarriage without consent, criminal intimidation and voluntarily causing hurt by dangerous means (Sections 376/328/506/313 IPC). Apprehending arrest, the appellant sought anticipatory bail, which the Delhi High Court refused. He appealed to the Supreme Court, which granted him interim protection from coercive action back in December 2019: protection he had enjoyed for over two years by the time of this hearing.

Decision Breakdown

After hearing counsel for both sides and considering the entirety of the situation, notably that the appellant had already been under interim protection for over two years without any adverse development, the Court held he was entitled to anticipatory bail. It allowed the appeal, set aside the High Court's order, and directed that if arrested, he be released on furnishing cash security of Rs. 50,000 with two sureties, subject to fully cooperating with the investigation and presenting himself before the Investigating Officer whenever required.

Lesson Learnt

Prolonged, incident-free interim protection from arrest can itself become a strong factor favouring a grant of anticipatory bail on appeal, even in cases involving serious allegations. Courts weigh the accused's actual conduct during the protected period, not just the gravity of the charges.

Official source (sci.gov.in)View Judgment (PDF)

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