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Issues: Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 was warranted in a case involving a serious violent offence and whether the High Court applied the settled statutory and judicial parameters while granting such relief.
Analysis: Anticipatory bail is an extraordinary remedy and its grant depends on a careful assessment of the nature and gravity of the accusation, the material collected in investigation, the likelihood of misuse of liberty, and the need for custodial interrogation where relevant. A prompt FIR lends assurance to the complainant's version, and in a case involving multiple gunshot injuries and strong material in the case diary, the court must exercise heightened caution. Grant of anticipatory bail cannot rest on casual reasoning or on a generalized reference to antecedents or prior dispute without addressing the statutory factors and the seriousness of the offence. Article 21 does not make anticipatory bail an entitlement in every case.
Conclusion: The High Court's grant of anticipatory bail was unsustainable and had to be set aside; anticipatory bail stood cancelled.
Ratio Decidendi: Anticipatory bail may be granted only on a reasoned application of the statutory factors and the settled caution applicable to serious offences, and an order made without proper consideration of gravity, investigation material, and custodial necessity is liable to be overturned.
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