SLP(Crl) No. 003786 - / 2023

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When the State fails to file a counter-affidavit despite repeated opportunities over a significant period, an interim protection against arrest granted in an SLP may be made absolute, and bail may be directed to be granted upon arrest subject to conditions fixed by the trial court. As analyzed on casestatus.in, an accused against whom a challan has been filed retains the right to seek anticipatory-style relief, with the obligation to cooperate in investigation, even under statutes like the SC/ST (Prevention of Atrocities) Act.