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october 2008

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.

Abhay Kumar vs State Of Bihar & Anr · Niyam