Criminal Procedure Code, 1973
Section 438—Anticipatory bail—FIR registered under Sections 364/354A/354B/406/498A/506/509/34 of IPC and Section 376/511 of IPC were added in supplementary charge-sheet—While granting anticipatory bail to the applicant, no doubt the court has to consider the nature and gravity of offence alleged, however, the court is also to consider the role of applicant, which is yet to be established since there are no medical documents which show that complainant was administered anything by the applicant—FIR was indeed lodged after a delay of nine months—Complainant has since been returned few stridhan items including a BMW Car—As per investigating officer, finding its mention in the supplementary charge-sheet, no further custodial interrogation of applicant is required and in any event, he has since joined the investigation after receiving the notice under Section 41(A) CrPC—Bail can be granted under circumstances like the present scenario wherein, though charge-sheet has been filed but, in all likelihood, the trial in the matter is going to take long—During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise—Applicant is granted anticipatory bail in Supplementary charge-sheet under Section 173(8) of CrPC filed in FIR under Sections 364/354A/354B/406/498A/506/509/34 of IPC—Application allowed.
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