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Fekan Yadav v. Satendra Yadav @ Boss Yadav @ Satendra Kumar

Criminal Appeal · 2017 INSC 958Decided 19 Sept 2017
Criminal Appeal No. 1685 of 2017
Justice J. Chelameswar · Justice S. Abdul Nazeer

Background

The appellant's minor son went missing on his way to school in January 2017, and the appellant suspected the respondents (who had allegedly threatened him earlier) of kidnapping the boy. An FIR was registered under Sections 363, 365 and 34 IPC. The respondents sought anticipatory bail after the Sessions Judge rejected it, and the Patna High Court granted them pre-arrest bail without giving reasons. The boy's father appealed to the Supreme Court against the grant of anticipatory bail.

Decision Breakdown

The Supreme Court held that the High Court had granted anticipatory bail without assigning any reasons, despite the serious and grave nature of the kidnapping accusations and the fact that the victim child had still not been traced. The Court noted that the investigating officer's witnesses had supported the prosecution's version during investigation. Finding that the High Court was not justified in granting anticipatory bail given these circumstances, the Supreme Court allowed the appeal and set aside the High Court's order granting bail.

Lesson Learnt

Courts granting anticipatory bail must give reasons, especially in serious cases like kidnapping where the victim remains untraced; an unreasoned bail order in a grave case is liable to be set aside on appeal.

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

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