R K KRISHNA KUMAR vs STATE OF ASSAM

The Supreme Court addressed the legality of anticipatory bail under Section 438 of the Code of Criminal Procedure in the context of allegations against the appellants for funding ULFA militants, invoking Sections 120B, 121, 121A, and 122 of the Indian Penal Code and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967. The Court set aside the Bombay High Court's ex parte order granting anticipatory bail and transferred the matter to the Gauhati High Court, which subsequently denied the bail applications. The Supreme Court upheld the rejection of anticipatory bail, emphasizing the seriousness of the charges and the need for a thorough investigation.