Ankit Mishra v. The State of Madhya Pradesh & Anr.

Criminal Appeal · 2025 INSC 501Decided 17 Apr 2025
Crl.A. No.-002037-002037 - 2025 (arising out of SLP(Crl.) No. 14566 of 2024)
Justice Sanjay Karol · Justice Prashant Kumar Mishra

Background

The appellant/complainant met the respondent (accused) by chance at a hospital, where the respondent allegedly hurled abuses and issued death threats demanding the appellant withdraw an earlier complaint and change his testimony. An FIR was registered under Sections 195A, 294 and 506 IPC. The High Court of Madhya Pradesh granted the respondent anticipatory bail despite the appellant's claim that the respondent was a habitual offender and alleged gangster with 45 prior FIRs against him. The appellant challenged the grant of anticipatory bail before the Supreme Court.

Decision Breakdown

The Supreme Court reiterated the settled principles on when bail can be cancelled, drawing on precedents like Dolat Ram v. State of Haryana and Deepak Yadav v. State of U.P. It noted that the alleged offences were all triable by a Magistrate and did not carry sentences exceeding seven years, and that the respondent was already in custody in other matters. Finding no fundamental legal error in the High Court's reasoning, the Court declined to interfere and dismissed the appeal, while directing that if the respondent is released on bail in other pending cases, he must report to the police monthly and refrain from further criminal activity, failing which cancellation of bail could be sought afresh.

Lesson Learnt

Anticipatory bail once granted is not lightly disturbed by an appellate court unless the grant suffers from a serious legal error; a history of criminal cases alone does not automatically disqualify a person from bail if the specific offence charged is not grave and does not exceed a threshold punishment.

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