Bhadresh Bipinbhai Sheth Vs. State of Gujarat & Another
|
Head Note
The Code of Criminal Procedure, 1973 - Section 438
Anticipatory Bail - Rape - Allegations of rape pertain to the period which is almost 17 years ago - No charge was framed under Section 376 IPC in the year 2001, and even the prosecutrix did not take any steps for almost 9 years and the charge under Section 376 IPC is added only in the year 2014 - Held that see no reason why the appellant should not be given the benefit of anticipatory bail - Merely because the charge under Section 376 IPC, which is a serious charge, is now added, the benefit of anticipatory bail cannot be denied when such a charge is added after a long period of time and inaction of the prosecutrix is also a contributory factor - Impugned judgment of the High Court cancelling the order of anticipatory bail liable to be set aside and the order dated 18.05.2024 of the learned Additional Sessions Judge granting anticipatory bail to the appellant on the conditions mentioned in the said order restored.
Topic(s)-Anticipatory Bail - Rape - Charge after considerable time - Bail granted