Anticipatory bail cannot be cancelled solely for a delayed rape charge when the accused remained available throughout proceedings.

Anticipatory bail under Section 438 CrPC is a liberty-protecting remedy under Article 21, and its grant or cancellation depends on the facts of each case. Where allegations of rape were of long standing, the case had proceeded for years on a different charge, the Section 376 IPC charge was added much later, and the accused remained available without any allegation of absconding or tampering with evidence, the added seriousness of the charge alone was not enough to justify cancellation. The guilt issue was left to trial, and the cancellation of anticipatory bail was held unjustified, with restoration of the bail order directed.

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Issues: Whether the cancellation of anticipatory bail was justified in the facts of the case where the charge of rape was added after a long delay, and whether the appellant was entitled to continue on anticipatory bail.

Analysis: The relief of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is grounded in the protection of personal liberty under Article 21 of the Constitution of India, and its grant depends on the facts and circumstances of each case. The allegations relating to rape were stated to be of an old vintage, the original proceedings had long proceeded on a different charge, the additional charge under Section 376 of the Indian Penal Code, 1860 was introduced much later, and the appellant had remained available throughout the proceedings without any allegation of absconding or tampering with evidence. In such circumstances, the seriousness of the added charge, by itself, was not treated as sufficient to deny anticipatory bail or to sustain cancellation, particularly when the matter of guilt was left for trial and the request for cancellation rested largely on issues that were not decisive at the bail stage.

Conclusion: The cancellation of anticipatory bail was unjustified and the appellant was entitled to restoration of the anticipatory bail order.

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