https://www.taxtmi.com/caselaws?id=271711 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. en-us Tue, 01 Sep 2015 00:00:00 +0530 Wed, 24 Feb 2021 16:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=271711 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. Case-Laws Indian Laws Tue, 01 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=271711