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Hitesh Umeshbhai Mashru v. State of Gujarat

Criminal Appeal · 2025 INSC 246Decided 18 Feb 2025
Crl.A. No.-000812-000812 - 2025 (Arising out of SLP (Crl.) No. 12437/2024)
Justice Bela M. Trivedi · Justice Prasanna B. Varale

Background

The appellant was booked in an FIR alleging offences of cheating a woman by inducement of marriage and rape on a false promise of marriage (Sections 493 and 376(2)(n) IPC), after his marriage to the complainant, the third marriage for both parties, did not proceed as she expected. The Gujarat High Court rejected his application for successive anticipatory bail. He had earlier been granted protection from arrest by the Supreme Court and had cooperated with the investigation in the interim, and by the time of this appeal the investigation was complete and a chargesheet had already been filed.

Decision Breakdown

The Supreme Court, without expressing any opinion on the merits of the underlying allegations, took into account that the appellant had already cooperated with the investigation under the Court's earlier protective order and that the chargesheet had since been filed. On this basis, it allowed the appeal and directed that if the appellant is arrested in connection with this FIR, he must be released on bail on terms to be fixed by the trial court, while making clear the State remains free to seek cancellation of that bail if any conditions are later violated.

Lesson Learnt

Cooperation with an investigation under court-ordered protection, combined with completion of the investigation and filing of a chargesheet, can support a grant of anticipatory bail even after a High Court has refused it, though such relief comes with conditions and can be withdrawn if breached, and it carries no finding on the truth of the underlying allegations.

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

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