Supreme Court of India · 2007-10-23
Naresh Kumar Yadav vs Ravindra Kumar And Ors
- Citation / case number
- AIR 2008 SUPREME COURT 218
- Court
- Supreme Court of India
- Petitioner
- Naresh Kumar Yadav
- Respondent
- Ravindra Kumar And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that the High Court's grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 was erroneous as it failed to consider the established parameters for such protection and incorrectly stated that the accused were not named in the FIR. The Court emphasized that anticipatory bail is not a blanket protection and must be granted based on specific circumstances. The appeal was allowed, setting aside the High Court's order and reinforcing the need for a proper evaluation of the facts before granting anticipatory bail.