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Beerbal Prasad Rajoriya vs The State of Madhya Pradesh

Criminal Appeal · 2022 INSC 908Decided 5 Sept 2022
Criminal Appeal No. 1446 of 2022
Uday Umesh Lalit · S. Ravindra Bhat

Background

The appellant was facing a First Information Report registered at Police Station Kotwali Sheopur, Madhya Pradesh, for offences under Sections 376(2)(n) (rape) and 506 (criminal intimidation) of the Indian Penal Code. His application for anticipatory bail was rejected by the Madhya Pradesh High Court, so he approached the Supreme Court. While the appeal was pending, the Supreme Court had already granted him interim protection from arrest in July 2022.

Decision Breakdown

The Supreme Court noted that, according to the allegations in the FIR itself, the incident in question was said to have occurred about five months before the FIR was actually lodged. Considering this delay and the surrounding circumstances, the Court found that a case for anticipatory bail was made out. It made its earlier interim protection absolute, directing that if the appellant is arrested in connection with this case, he must be released on bail on furnishing cash security of Rs.50,000 with two sureties, subject to conditions requiring him to fully cooperate with the investigation, present himself when required, and not hamper the investigation or trial.

Lesson Learnt

A significant, unexplained delay between the date of the alleged incident and the filing of the FIR can be an important factor weighing in favour of granting anticipatory bail, even in serious offences, though such bail typically comes with strict conditions to ensure cooperation with the investigation.

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

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