Supreme Court of India · 2008-10-16
Abhay Kumar vs State Of Bihar & Anr
- Court
- Supreme Court of India
- Petitioner
- Abhay Kumar
- Respondent
- State Of Bihar & Anr
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court held that the rejection of anticipatory bail for the appellant, Abhay Kumar, based on the deterioration of the relationship between spouses was not a valid ground, especially since five out of six accused had already been granted anticipatory bail. The Court emphasized that all accused were similarly situated and thus allowed the appeal, directing the trial court to release the appellant on bail upon surrender. This decision reinforces the principle that the grounds for denying anticipatory bail must be substantial and applicable to all accused equally.