Supreme Court judgments on Section 438, Code of Criminal Procedure, 1973

26 judgments, latest first, from 2018 to 2025. Listed when the Supreme Court Reports file the judgment's headnote under Section 438 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Topics

Anticipatory bail 103

Kiran vs Rajkumar Jivraj Jain & Anr.

SC · 1 September 2025

[2025] 9 S.C.R. 283 : 2025 INSC 1067

Whether the High Court was correct in allowing the pre-arrest bail to respondent-accused u/s.438 Cr.PC in respect of alleged commission of offenses punishable u/ss.118(1), 115(1), 189(2), 189(4), 190, 191(2), 191(3), 333…

Ankit Mishra vs The State of Madhya Pradesh & Anr.

SC · 17 April 2025

[2025] 4 S.C.R. 1312 : 2025 INSC 501

Whether the High Court has committed any serious error in law while granting anticipatory bail in the facts and circumstances of the case.

X vs State of Rajasthan & Anr.

SC · 27 November 2024

[2024] 11 S.C.R. 941 : 2024 INSC 909

Issue arose as regards accused being enlarged on bail in rape case by the High Court, when the victim and the mother who was the eye-witness to the incident were yet to be examined.

Siddique vs State of Kerala & Anr.

SC · 19 November 2024

[2024] 11 S.C.R. 822 : 2024 INSC 877

Whether the appellant is entitled to anticipatory bail.

Dhanraj Aswani vs Amar S. Mulchandani & Anr.

SC · 9 September 2024

[2024] 9 S.C.R. 257 : 2024 INSC 669

Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is maintainable at the instance of an accused while he is already in judicial custody in connection with his involvem…

Sudeep Chatterjee vs State of Bihar & Anr.

SC · 2 August 2024

[2024] 8 S.C.R. 662 : 2024 INSC 567

Whether the High Court erred by putting onerous conditions on accused-appellant while granting provisional pre-arrest bail.

Srikant Upadhyay & Ors. vs State of Bihar & Anr.

SC · 14 March 2024

[2024] 3 S.C.R. 421 : 2024 INSC 202

Whether there could be any bar on the Trial Court for proceeding u/s. 82 Cr.P.C., merely because an anticipatory application for bail has been filed or because such an application was adjourned without passing any interi…

Satender Kumar Antil vs Central Bureau of Investigation and Anr.

SC · 13 February 2024

[2024] 2 S.C.R. 1072 : 2024 INSC 134

The Amicus submitted report dated 10.02.2024 indicating the directions that have been complied with by the parties in terms of the judgment passed by the Supreme Court in Satender Kumar Antil**. On basis of the said repo…

State by the Inspector of Police vs B. Ramu

SC · 12 February 2024

[2024] 2 S.C.R. 357 : 2024 INSC 114

In a case involving recovery of huge quantity of narcotic substance (232.5 kg of ganja), wherein the Respondent-accused was indicted as being the conspirator for procurement/supply of the ganja so recovered, High Court w…

Priya Indoria vs State of Karnataka and Ors. etc.

SC · 20 November 2023

[2023] 15 S.C.R. 525 : 2023 INSC 1008

Whether the power of the High Court or the Court of Session to grant anticipatory bail u/s 438 CrPC could be exercised with respect to an FIR registered outside the territorial jurisdiction of the said Court; and whether…

State of Haryana vs Dharamraj

SC · 29 August 2023

[2023] 11 S.C.R. 705 : 2023 INSC 784

In instant appeal, the State seeks cancellation of anticipatory bail granted to the sole respondent by the Single Judge of the High Court.

Pratibha Manchanda & Anr. vs State of Haryana & Anr.

SC · 7 July 2023

[2023] 10 S.C.R. 411 : 2023 INSC 612

Code of Criminal Procedure, 1973 – s. 438 – Anticipatory bail – Rejection of – Appellants’ case that they had possession over the subject land and they never sold the subject land to anyone nor have they ever executed an…

Ramesh Kumar vs The State of NCT of Delhi

SC · 4 July 2023

[2023] 9 S.C.R. 1165 : 2023 INSC 596

Code of Criminal Procedure, 1973 – s.438 – Anticipatory Bail – Payment of amount as a condition precedent for grant of bail – Legality of – An FIR was registered u/ss. 420, 406 r/w s. 34 – As per the FIR, an agreement to…

Central Bureau of Investigation vs Santosh Karnani & Anr.

SC · 17 April 2023

[2023] 3 S.C.R. 476 : 2023 INSC 380

Prevention of Corruption Act, 1988 – ss. 7, 13(1), 13(2) – Code of Criminal Procedure, 1973 – s. 41A, 438 – Constitution of India – Art. 21 – Tax Department initiated search and seizure action against the complainant’s c…

Ms. X vs The State of Maharashtra and Another

SC · 17 March 2023

[2023] 2 S.C.R. 1112 : 2023 INSC 252

Code of Criminal Procedure, 1973 – ss. 437,438 and 439 – Penal Code, 1860 – ss. 354,354-B, 376 and 506 – Anticipatory bail – Cancellation of – A complaint filed by the appellantprosecutrix, against the respondent No.2-ac…

Kanchan Kumari vs The State of Bihar & Anr.

SC · 25 July 2022

[2022] 7 S.C.R. 138 : 2022 INSC 746

Code of Criminal Procedure, 1973: s.438 – Anticipatory Bail granted to second respondent by High Court, however adverse directions passed against third party – In the instant case, second respondent filed an application…

Mohammed Zubair vs State of NCT of Delhi & Ors.

SC · 20 July 2022

[2022] 18 S.C.R. 494 : 2022 INSC 736

Criminal Law – Multiplicity of proceedings – Penal Code, 1860 – ss.153-A, 295-A, 201, 120-B – Code of Criminal Procedure, 1973 – ss.437, 438, 482 – Constitution of India – Arts. 32, 226 – Foreign Contribution (Regulation…

Subrata Roy Sahara vs Pramod Kumar Saini & Ors.

SC · 14 July 2022

[2022] 7 S.C.R. 122 : 2022 INSC 1308

Code of Criminal Procedure, 1973: s. 438 – Anticipatory bail – Application under – Scope of – Held: Is limited to the cause of the concerned applicant, applying for grant of anticipatory bail in connection with offence a…

Sadhna Chaudhary vs The State of Rajasthan & Anr.

SC · 12 July 2022

[2022] 13 S.C.R. 239 : 2022 INSC 712

Code of Criminal Procedure, 1973: s. 438 – Anticipatory Bail – Cancellation of – Accused-Station House officer on the fateful day, exploited the victim – Exploitation continued for two years on account of threats of maki…

Prem Shankar Prasad vs The State of Bihar & Anr.

SC · 21 October 2021

[2021] 6 S.C.R. 1176 : 2021 INSC 658

Code of Criminal Procedure, 1973: s.438 – Anticipatory bail – FIR lodged by appellant against respondent no.2 for offences punishable under ss.406, 407, 468 and 506 IPC – A warrant of arrest issued by Magistrate – Therea…

M/s. Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. vs The State of Maharashtra & Anr.

SC · 26 July 2021

[2021] 7 S.C.R. 226 : 2021 INSC 360

Code of Criminal Procedure, 1973: s.438 – Anticipatory bail – Appellant-complainant was awarded contract for constructing road – Four accused were engaged by appellant company as its employees and were assigned responsib…

Nathu Singh vs State of Uttar Pradesh & Ors.

SC · 28 May 2021

[2021] 6 S.C.R. 599 : 2021 INSC 300

Code of Criminal Procedure, 1973: s.438 – Anticipatory bail – Propriety of protective order after dismissal of anticipatory bail application – High Court while dismissing anticipatory bail application of the respondents-…

Rahna Jalal vs State of Kerala and Another

SC · 17 December 2020

[2020] 13 S.C.R. 621 : 2020 INSC 707

Code of Criminal Procedure, 1973: s.438 – Grant of anticipatory bail – Whether provisions of s.7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 would bar the grant of anticipatory bail under s.438 to…

Sumedh Singh Saini vs State of Punjab and Another

SC · 3 December 2020

[2020] 13 S.C.R. 812 : 2020 INSC 679

Code of Criminal Procedure, 1973: s.438 – Anticipatory bail – Brother of the victim-deceased lodged an FIR against the appellant for offence alleged to have taken place in 1991 – FIR was lodged for offence punishable und…

Sushila Aggarwal and Others vs State (NCT of Delhi) and Another

SC · 29 January 2020

[2020] 2 S.C.R. 1 : 2020 INSC 106

Code of Criminal Procedure, 1973 – ss.437, 438, 439 and 167(2) – Order u/s.438 granting anticipatory bail – Life and operation of – Conflicting views of different Benches of varying strength as to whether the protection…

Sushila Aggarwal & Ors. vs State (NCT of Delhi) & Anr.

SC · 15 May 2018

[2018] 6 S.C.R. 825 : 2020 INSC 106

Bail – Whether an anticipatory bail should be for a limited period of time – There are two divergent views: One are the line of Judgments in support that anticipatory bail should not be for a limited period and the other…

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