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Supreme Court Grants Anticipatory Bail in Promise-to-Marry Case

07 May 2024 8:19 AM

By: Admin


In a recent verdict, the Supreme Court of India has granted anticipatory bail to Anjani Kumar Pathak, also known as Anjani Kumar, in a case involving allegations of a promise to marry and subsequent breach. The FIR was filed under various sections of the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (POA) Act, 1989.

The judgment highlighted the significance of personal liberty in the context of granting bail, with the Court stating, "Importance of personal liberty in the context of applying discretion to grant bail - Emphasis on granting bail ordinarily, with caution in serious cases involving offences carrying long sentences or special offences."

The appellant had initially been denied anticipatory bail by the High Court but was granted interim protection by the Supreme Court. Subsequently, a chargesheet was filed against the appellant in April 2023. The Supreme Court, taking into consideration the overall circumstances of the case, disposed of the appeal with the direction that a case for regular bail is indeed made out.

The judgment further stated, "The appellant shall apply for regular bail before the Court concerned, for which the appellant shall surrender within a period of six weeks. Till such bail application is moved, the interim protection already granted by this Court... shall continue."

This decision underscores the importance of personal liberty and the cautious approach in bail matters, especially in cases involving serious allegations. The judgment sets a precedent for similar cases in the future, emphasizing the need to balance the interests of justice with individual liberties.

Date of Decision: 26 September 2023

ANJANI KUMAR PATHAK @ ANJANI KUMAR vs THE STATE OF BIHAR & ANR.  

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