Supreme Court Upholds Cancellation of Anticipatory Bail and Provides Protection to the Victim
Date: 30th May 2023
In a recent order , the Supreme Court of India has upheld the cancellation of anticipatory bail granted to the petitioner in a high-profile case. The decision came in response to Special Leave to Appeal (Crl.) No(s). 4320-4321/2023, arising from the final judgment and order dated 20th December 2022 in MCRC No. 53324/2022 and 17th February 2023 in MCRC No. 1398/2023 passed by the High Court of Madhya Pradesh at its Principal Seat in Jabalpur.
The case involved Durg Vijay Singh, the petitioner, and the State of Madhya Pradesh as respondents. The petitioner had challenged the High Court’s order canceling his anticipatory bail, which was granted earlier. The High Court had cited non-cooperation with the investigation and failure to respond to the Investigating Officer’s calls as reasons for the cancellation.
During the proceedings in the Supreme Court, the victim, Siddhi Gupta, appeared through video conferencing and expressed her apprehension about threats to her life. She also requested the Court to allow her to appear in person. Considering the gravity of the situation, the Court permitted Siddhi Gupta to appear in person and present her concerns.
Siddhi Gupta informed the Court that she was currently staying in Varanasi and desired to return there due to a perceived threat from her family members. She expressed her fear of being forcibly taken back to her home against her will. To address her concerns, she requested protection.
After considering the arguments presented by both parties and reviewing the impugned orders passed by the High Court, the Supreme Court upheld the cancellation of anticipatory bail. It noted the petitioner’s lack of cooperation with the investigation as observed by the High Court.
Consequently, the Supreme Court directed the petitioner to surrender to the concerned police station within two days. However, it provided the petitioner with the opportunity to apply for bail, which would be decided by the appropriate court expeditiously, without being influenced by the observations made in the present order.
Recognizing Siddhi Gupta’s apprehension and concern for her safety, the Court ordered the Station House Officer (SHO) at Tilak Marg Police Station in New Delhi to provide her with protection. Additionally, the SHO was instructed to make the necessary arrangements for Siddhi Gupta to travel back to Varanasi, where she currently resides.
To ensure effective coordination, the advocate representing the State of Madhya Pradesh assured the Court that they would coordinate with the concerned SHO at Tilak Marg Police Station in New Delhi and provide a copy of the Court’s order to the officer.
DATE OF DECISION: 30-05-2023
DURG VIJAY SINGHvs STATE OF MADHYA PRADESH & ANR.
