Crl.A. No. 001963 / 2022
X vs STATE, REP. BY INSPECTOR OF POLICE
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE J.K. MAHESHWARI
Order Date
11-11-2022
Filed On
02-04-2022 12:26 PM
casestatus.in Summary
An order granting anticipatory bail under Section 438 CrPC must be a speaking order, expressly addressing the averments and allegations contained in the FIR; a non-speaking bail order that fails to engage with the FIR's contents is legally unsustainable and liable to be set aside. As analyzed on casestatus.in, the grant of anticipatory bail further remains subject to the totality of facts and circumstances disclosed in the FIR, and cannot be sustained where those facts prima facie militate against such relief.