SC Sets Aside Allahabad HC Orders Granting Protection From Arrest While Rejecting Anticipatory Bail Application

On Friday, the Supreme Court held that while rejecting the Anticipatory Bail Application under Section 438 CrPC, protection should not ordinarily be granted except in special circumstances.

A Bench of Chief Justice NV Ramana, Justice Surya Kant and Justice Aniruddha Bose observed that nowadays Courts are granting protection from arrest to accused for a period like 90 days, despite the fact that no case of anticipatory bail is made out.

The bench ruled that such a course should be adopted in exceptional circumstances only, when the court is of the opinion that it is necessary to protect the person apprehending arrest for some time, until they surrender before the Trial Court. 

The Court gave an example of a case where the accused is sole breadwinner of the family and needs to make arrangements for them, then such a course can be opted.

It was further observed by the bench that the Court while considering the anticipatory bail applications must strike a balance between the concerns of the Investigation Agency, Complaint and the society at large and such an order must be reasoned one.

Considering above the Supreme Court set aside two orders passed by Allahabad High Court, by means of which protection from arrest was granted for a period of 90 days, while declining to interfere in Anticipatory Bail Application and directed the accused to surrender and apply for bail.

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