Anticipatory bail granted on totality of circumstances where cooperation, completed recoveries, and no risk of interference were shown

Anticipatory bail depends on the totality of circumstances, and the seriousness of allegations alone is not decisive. The court noted that the accused had joined investigation on several occasions, relevant mobile phone and other articles had already been recovered or seized, and no further recovery was shown to be necessary. Existing litigation between the accused and the complainant's mother also formed part of the record, while the delay in lodging the complaint was left for trial. As no cogent material showed a real risk of tampering with evidence, threatening witnesses, or absconding, anticipatory bail was granted subject to conditions.

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Issues: Whether the petitioner was entitled to anticipatory bail in the alleged offences, having regard to the nature of allegations, the delay in lodging the first information report, the extent of cooperation in investigation, and the need for custodial interrogation.

Analysis: Anticipatory bail is to be decided on the totality of circumstances, and severity of allegations by itself is not decisive. The petitioner had joined investigation on several occasions, the mobile phone and other articles had already been recovered or seized, and no further recovery was shown to be necessary. The record also disclosed existing litigation between the petitioner and the complainant's mother, while the explanation for delay in lodging the complaint was a matter for trial. No cogent material was shown to establish a real likelihood of tampering with evidence, threatening witnesses, or fleeing from justice.

Conclusion: The petitioner was found entitled to anticipatory bail, and the application was allowed with conditions.

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