Crl.A. No. 002207 / 2023

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Where an accused has consistently cooperated with investigation and a chargesheet has been filed without any impediment attributable to the accused, anticipatory bail under Section 438 CrPC ought ordinarily to be granted as a matter of course, with courts mandatorily applying the Section 41 CrPC checklist before authorising arrest in offences carrying sentences up to seven years. A mechanical rejection directing surrender for regular bail, without weighing the accused's conduct and the absence of flight risk or witness-tampering concerns, constitutes an improper exercise of judicial discretion. This analysis is brought to you by casestatus.in, tracking key Supreme Court pronouncements on personal liberty and bail jurisprudence.