Supreme Court Allows Bail Where Charge-sheet Had Been Filed, Directs Cooperation and Leaves Liberty To State To Seek Cancellation

A bench of Justices Bela M. Trivedi and Prasanna B. Varale heard an appeal arising from SLP(Crl.) No. 12437/2024 challenging the Gujarat High Court’s dismissal of a successive anticipatory bail application in connection with FIR No. 11203024220505 dated 16.07.2022, registered at Police Station‑B‑Division, Junagadh. The appeal concerned allegations under Sections 493 and 376(2)(n) IPC and the High Court’s refusal to grant anticipatory bail.

The Supreme Court allowed the appeal and directed that, in the event of the appellant’s arrest in the said FIR, he be released on bail if not required in any other case, subject to such terms and conditions as the trial court might impose. The Court noted the progress of investigation and emphasised the limited nature of its order, stating that it did so “without expressing any opinion on the merits of the case.” The Court observed that the appellant must “continue to co‑operate with the investigation” and that the State would be at liberty to seek cancellation of bail if any conditions were violated. The Court, in its reasoning, observed: “Having regard to the submissions made by the learned counsels appearing for the parties and to the fact that now the charge‑sheet has already been filed but, without expressing any opinion on the merits of the case, we are inclined to accept the present appeal.”

Background

The dispute arose after the prosecutrix filed an FIR on 16 July 2022 alleging that the appellant had cheated her under the pretext of marriage; the prosecution charged offences under Sections 493 and 376(2)(n) IPC. The parties were said to have solemnised marriage according to custom, without registration, and both the appellant and the prosecutrix were reported to be entering their third marriages. The appellant approached the Gujarat High Court seeking successive anticipatory bail, which the High Court rejected by order dated 23.08.2024. The appellant had earlier obtained protection against arrest from this Court by an order dated 01.10.2024 and had joined investigation thereafter. The investigating officer informed the Supreme Court that the investigation was complete and that a charge‑sheet had been filed.

On hearing counsel for both sides, the Supreme Court accepted the appellant’s plea for bail in view of the charge‑sheet and the stage of investigation, while expressly refraining from pronouncing on the merits of the alleged offences. The Court directed that release on bail should follow the terms and conditions to be fixed by the trial court and that the appellant must cooperate with the investigation. The State was granted liberty to move for cancellation of bail in accordance with law if any of the conditions imposed by the trial court were breached. The appeal was accordingly allowed and pending applications were closed.

Case No.: Criminal Appeal No. of 2025 (Arising out of SLP(Crl.) No. 12437/2024) Case Title: HITESH UMESHBHAI MASHRU v. THE STATE OF GUJARAT & ANR. Appearances: For the Petitioner(s): Mr. Virat Popat, Advocate (through VC); Mr. Lokesh Kumar Choudhary, AOR For the Respondent(s): Mr. Prashant Bhagwati, Advocate; Ms. Swati Ghildiyal, AOR; Ms. Aastha Mehta, Advocate; Mr. Anshuman Srivastava, AOR