Supreme Court Sets Aside High Court’s Denial of Anticipatory Bail, Upholds Right to Liberty in Criminal Proceedings”

In a significant judgment delivered today, the Supreme Court of India, comprising Justices B.V. Nagarathna and Augustine George Masih, overturned the Patna High Court’s decision denying anticipatory bail to Nandu Prasad in connection with FIR No.817/2016. The apex court, asserting the right to liberty and fair procedure, granted the appellant anticipatory bail, emphasizing that “the appellant is entitled to the relief claimed under Section 438 of the Code.”

Legal Point of the Judgment: The central legal issue revolved around the entitlement of the appellant, Nandu Prasad, to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. This provision enables a person to seek bail in anticipation of an arrest on an accusation of having committed a non-bailable offense.

Facts and Issues: The case stemmed from FIR No.817/2016, where Nandu Prasad and others were accused of offenses under various sections of the Indian Penal Code, including fraud and criminal conspiracy. After the initial application for anticipatory bail was withdrawn, a second application was dismissed by the High Court, citing the precedent set in G.R. Ananda Babu v. State of Tamil Nadu.

Court’s Assessment: The Supreme Court meticulously examined the circumstances on record, diverging from the High Court’s interpretation. The Court noted that despite the serious nature of the allegations, the right to liberty and the principles governing the grant of anticipatory bail warranted a different outcome. Justice B.V. Nagarathna observed, “Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 438 of the Code.”

Decision: The Supreme Court allowed the appeal, setting aside the High Court’s order. It directed that in the event of arrest, Nandu Prasad shall be released on bail, subject to furnishing a cash security of Rs. 25,000 with two like sureties. The Court also imposed conditions to ensure that the appellant does not misuse the liberty, influence witnesses, or tamper with evidence.

Date of Decision: February 20, 2024

Nandu Prasad Vs. The State of Bihar