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Criminal · Reportable judgment

Sadhna Chaudhary vs The State of Rajasthan & Anr.

Court
Supreme Court of India
Date
12 July 2022
Case No.
Criminal Appeal No. 936 of 2022
Result
Allowed
Bench
Ajay Rastogi, Vikram Nath
Citation
[2022] 13 S.C.R. 239 : 2022 INSC 712
Supreme Court Reports [2022] 13 S.C.R. 239 : 2022 INSC 712
Headnote

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 making public, the videos and photographs of her in obscene and objectionable conditions which he had on his mobile, if she did not continue to accede to his demands and commands – Thereafter, registration of FIR against SHO for the offences punishable u/ss. 376, 323, 341, 354 and 379 IPC by the victim – Application for anticipatory bail by the SHO – Allowed by the High Court – On appeal, Held: Considering the seriousness of the offences alleged, not a fit case for grant of anticipatory bail – Recoveries are yet to be made and the accused has not extended full cooperation in the investigation – Accused is not a common man, his adherence to law has to be more stringent than expected in general by a common man, which apparently, he failed to observe – High Court accepted the case as set up by the accused to be true and on that basis proceeded to grant anticipatory bail thus, committed an error – Order passed by the High Court set aside. Shri Gurbaksh Singh Sibbia and Others v. State of Punjab (1980) 2 SCC 565 : [1980] 3 SCR 383;

Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2011) 1 SCC 69 : [2010] 15 SCR 201; Sushila Aggarwal and Others v. State (NCT of Delhi) and Another (2020) 5 SCC 1 : [2020] 2 SCR 1; State of U.P. v Deoman Upadhyaya AIR 1960 SC 1125 –

referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by VIKRAM NATH, J. Leave granted. 2. The appellant is the complainant/victim/ prosecutrix. She has filed this appeal assailing the correctness of the judgment and order dated 25.08.2021 passed by the Rajasthan High Court, Bench at Jaipur in S.B. Criminal Misc. Bail Application No.6394 of 2021 (Kanwar Pal Singh Vs. State of Rajasthan), whereby the High Court allowed the application for the relief of anticipatory bail under Section 438 CrPC in FIR No.161 of 2020, Police Station-Karni Vihar, Jaipur, under Sections 323, 341, 354, 379 and 376 IPC. 3. As t
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