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october 2007

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.

Naresh Kumar Yadav vs Ravindra Kumar And Ors · Niyam