Anticipatory bail must not be given mechanically: SC

The Supreme Court has said anticipatory bail in cases involving serious offences should not be given in a mechanical manner.

A three-judge bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta made the observation while setting aside an order of anticipatory bail to four accused in a murder case.

"The order of the High Court (Patna) does not disclose any reasoning for granting anticipatory bail in a matter involving serious offences under Sections 302 and 307 IPC," the bench said in its May 1 order.


It continued, "The impugned order is cryptic and lacking in judicial analysis. In cases involving serious offences, the grant of anticipatory bail in such a mechanical manner cannot be sustained and is liable to be set aside."

On a plain reading of the FIR and accompanying material, the court noted that the appellant's father was assaulted and killed in the presence of the appellant, who was also the informant.

"The incident appears to have stemmed from a dispute regarding obstruction of a pathway. The specific roles attributed to the accused, as stated in the FIR, indicate that they participated in the assault even after the deceased had collapsed," the top court said.

The high court, it said, "clearly failed" to appreciate the gravity and nature of the allegations in the case.

The accused persons was, as a result, directed to surrender within eight weeks.

The order came on a plea filed by the son of the victim, challenging the order granting them anticipatory bail.

The victim was assaulted in 2023 with an iron rod and sticks during a dispute between neighbours.

As a result of the head injury, he succumbed to injuries the same day and an FIR was registered on the basis of the appellant's statement against seven accused persons.