Supreme Court of India · 2005-02-21
Adri Dharan Das vs State Of West Bengal
- Citation / case number
- AIR 2005 SUPREME COURT 1057
- Court
- Supreme Court of India
- Petitioner
- Adri Dharan Das
- Respondent
- State Of West Bengal
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the refusal of the Calcutta High Court to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. The Court emphasized that the High Court failed to appreciate the factual background and the implications of the case, particularly given that other co-accused had been granted similar protection. The Court held that the appellant should be allowed to surrender and apply for bail, ensuring cooperation with the investigation while preventing immediate arrest until the bail application is disposed of.