Bhadresh Bipinbhai Sheth vs State Of Gujarat & Anr

The Supreme Court held that the High Court's cancellation of anticipatory bail under Section 438 of the Code of Criminal Procedure was unjustified, as the original FIR did not include allegations of rape, and the charge under Section 376 IPC was added only in 2014, long after the initial complaint. The Court emphasized that the delay in framing charges and the nature of allegations must be considered when assessing the necessity of anticipatory bail. Consequently, the Court reinstated the anticipatory bail granted to the appellant by the Sessions Court.