Anticipatory bail can be granted when allegations lack direct support and custodial interrogation is not necessary

Anticipatory bail under Section 438 CrPC may be granted where the accusation rests mainly on a co-accused's statement, the contraband is recovered from the main accused, and the applicant is shown to be cooperating with the investigation. The Gujarat HC noted that, on the material then available, custodial interrogation was not demonstrated to be necessary, and applied settled principles governing anticipatory bail. On those facts, the applicant was held entitled to anticipatory bail and the application was allowed.

---

---

Issues: Whether the applicant was entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Analysis: The application was considered in light of the nature of allegations, the role attributed to the applicant, the fact that the accusation against him arose mainly from the statement of a co-accused, the recovery of the contraband from the main accused, and the applicant's stated cooperation with the investigation. The Court also noted that, at the stage of consideration, custodial interrogation was not shown to be necessary. Reliance was placed on the settled principles governing grant of anticipatory bail.

Conclusion: The applicant was entitled to anticipatory bail and the application was allowed.

Ratio Decidendi: Anticipatory bail may be granted where the accusation is not supported by strong direct material, the applicant is cooperating with investigation, and custodial interrogation is not at the stage of consideration.

---