Kanchan Kumari vs The State of Bihar & Anr.

Criminal Appeal · 2022 INSC 746Decided 25 Jul 2022
Criminal Appeal No. 1031 of 2022
K.M. Joseph · Hrishikesh Roy

Background

A second respondent had applied to the Patna High Court for anticipatory bail in a criminal case involving allegations of cheating and forgery (Sections 406, 420, 467, 468 IPC). While granting that bail application, the High Court also passed a direction to the Senior Superintendent of a Post Office to cancel the agency licence of the appellant, Kanchan Kumari, and bar her from working as a Post Office agent anywhere in Bihar or elsewhere. The appellant, however, was not even a party to the bail proceedings, was never issued a show-cause notice, and had no opportunity to be heard before this career-ending direction was passed against her. She approached the Supreme Court challenging only this direction.

Decision Breakdown

The Supreme Court held that a court hearing an anticipatory bail application under Section 438 CrPC must confine itself strictly to whether the applicant before it has made out a case for anticipatory bail, and cannot issue peremptory directions affecting the civil rights and livelihood of a third party who is not even before the court and was given no notice or opportunity to be heard. Relying on the principle from Sumit Mehta v. State (NCT of Delhi) that any conditions imposed in bail proceedings must be relevant to the scope of that lis, the Court found the High Court's direction blacklisting the appellant from her livelihood, without notice, to be clearly unjustified and beyond the scope of the bail application. The appeal was allowed to the extent of vacating that specific direction.

Lesson Learnt

Courts deciding a bail application cannot use that occasion to pass orders harming the rights or livelihood of people who are not parties to the case and were never heard: natural justice requires that adverse orders be preceded by notice and an opportunity to be heard, and orders passed without this can be struck down even by a person who was a total stranger to the original proceeding.

Criminal LawSupreme Court of India

Charming Rupon v. State of Meghalaya

The Supreme Court acquitted the accused, finding the prosecution's case riddled with serious doubt. Both the victim and her cousin (a key witness) admitted in cross-examination that they could not identify the accused and that his name had been supplied to them by the victim's mother, raising a strong suspicion of tutoring, especially since the victim admitted she had been coached by the public prosecutor before testifying. The mother's own conduct (not reacting urgently despite being told of the assault, and material facts missing from the belated FIR) was found "unnatural." A crucial witness, the school teacher whose disclosure triggered the FIR, was never examined, without explanation, warranting an adverse inference against the prosecution. The Court also noted that two medical witnesses were never meaningfully cross-examined because the defence counsel was absent on the relevant dates, and that the trial court had wrongly brushed aside credible alibi evidence led by the accused.

Decided 9 Oct 2026Read case
Criminal LawSupreme Court of India

Ramkrushna Prahllad Dongardive v. The State of Maharashtra

The Supreme Court restored the trial court's acquittal. It found that the prosecution never produced the original cashbooks, daily registers, or audit reports that would have actually proven the appellant was entrusted with and misappropriated the money: the investigating officer himself admitted these documents were never shown to him despite being asked for. The department also failed to produce records the appellant had specifically sought in his own defence. Separately, the search and seizure of documents from the appellant's house was legally doubtful, since both independent witnesses to the seizure turned hostile and denied knowing its contents, and the mandatory procedural safeguards for such a seizure were not followed. The Court also flagged that the High Court convicted the appellant for the very first time on appeal without ever hearing him on the question of sentence, which the law required it to do.

Decided 8 Oct 2026Read case
Criminal LawDelhi High Court

Gurpreet Singh vs. State (NCT of Delhi)

The Court accepted that the order recalling the proclaimed offender status be placed on record. Noting that the complainant was untraceable and the prosecution itself raised no serious objection to anticipatory bail, the Court found no reason to deny the applicant liberty. It granted anticipatory bail, directing release on a personal bond of Rs. 20,000 with one surety in the event of arrest.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Mukesh Rani vs. Narcotics Control Bureau

The Court noted the investigation was complete, the chargesheet was filed, the co-accused had already been granted bail, and the combined quantity recovered (1.976 kg) still fell short of the "commercial quantity" threshold under the NDPS Act. With ten witnesses yet to be examined and no indication the trial would conclude quickly, the Court found continued detention unnecessary and granted regular bail on a personal bond of Rs. 50,000 with standard conditions.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Aakash vs. State Govt. of NCT of Delhi and Anr.

The Court noted that all prosecution witnesses, including the complainant and the guest house manager, had already been examined, and that a co-accused in the same FIR had already been granted bail. Given the complainant's own testimony about voluntary association with the petitioner and the completed trial evidence, the Court found the overall facts favoured bail. It granted regular bail on a personal bond of Rs. 50,000 with standard conditions (reporting to police weekly, not influencing witnesses, providing address/mobile details).

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Kundan Kumar vs. State NCT of Delhi & Anr.

The Court relied on earlier Delhi High Court rulings holding that whether a broken promise of marriage was "false" from the outset (criminal) or a mere "breach" (not criminal) is a question for trial, not something requiring custodial interrogation. Noting the investigation was complete and the applicant had no prior criminal record, the Court granted regular bail on a personal bond of Rs. 25,000 with conditions, clarifying the order was not an opinion on the merits.

Decided 7 Oct 2026Read case