[2025] 3 S.C.R. 205 : 2025 INSC 246
Hitesh Umeshbhai Mashru
v.
The State of Gujarat & Anr.
(Criminal Appeal No. 812 of 2025)
18 February 2025
[Bela M. Trivedi and Prasanna B. Varale, JJ.]
Issue for Consideration
Appellant, if entitled to anticipatory bail.
Headnotes†
Anticipatory Bail – FIR against the appellant u/ss.493, 376(2),
Penal Code, 1860 – High Court declined to grant anticipatory
bail – Appellant joined the investigation after he was granted
protection against arrest by this Court – Investigation over,
charge-sheet filed:
Held: Appellant granted anticipatory bail. [Para 8]
List of Acts
Penal Code, 1860; Code of Criminal Procedure, 1973.
List of Keywords
Anticipatory bail; Protection against arrest; Cheated under the
pretext of marriage.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
812 of 2025
From the Judgment and Order dated 23.08.2024 of the High Court
of Gujarat at Ahmedabad in CRMA No. 16462 of 2024
Appearances for Parties
Virat Popat, Lokesh Kumar Choudhary, Advs. for the Appellant
Prashant Bhagwati, Ms. Swati Ghildiyal, Ms. Aastha Mehta,
Anshuman Srivastava, Advs. for the Respondents.
206
[2025] 3 S.C.R.
Digital Supreme Court Reports
Judgment / Order of the Supreme Court
Judgment
1.
Leave granted.
2.
The present appeal arises out of the impugned judgment and order
dated 23.08.2024, passed by the High Court of Gujarat at Ahmedabad
in R/ Criminal Misc. Application (for successive anticipatory bail)
No. 16462 of 2024, whereby the High Court had rejected the said
application, filed by the present appellant, seeking anticipatory bail
in connection with the F.I.R. No. 11203024220505 dated 16.07.2022,
registered at Police Station-B-Division, District-Junagadh, for the
offence punishable under Sections-493 and 376(2)(n) of the Indian
Penal Code (for short ‘IPC’).
3.
Heard learned counsel appearing for the parties and perused the
material on record.
4.
It is sought to be submitted by the learned counsel, Mr. Virat Popat,
appearing for the appellant, that the appellant had married the
prosecutrix (respondent no.2) at the age of 47 years, and it was the
third marriage of both the parties i.e. the appellant and the prosecutrix.
He further submitted that the appellant has joined the investigation
after he was granted protection against his arrest by this Court vide
the order dated 01.10.2024.
5.
Learned counsel appearing for the respondent-State, relying upon
the additional affidavit filed by the Investigating officer, submitted that
the investigation is over, and as per his instructions, the charge-sheet
has already been filed in the case.
6.
Learned counsel, Ms. Aastha Mehta, appearing for respondent no.2
(prosecutrix), however, has objected to the granting of the anticipatory
bail to the appellant by submitting that the appellant had cheated
the respondent no.2 (prosecutrix) under the pretext of marriage.
She further submitted that their marriage was also not registered,
however they had married as per their customs.
7.
Having regard to the submissions made by the learned counsels
appearing for the parties and to the fact that now the charge-sheet
has already been filed but, without expressing any opinion on the
merits of the case, we are inclined to accept the present appeal.
[2025] 3 S.C.R.
207
Hitesh Umeshbhai Mashru v. The State of Gujarat & Anr.
8.
Hence, it is directed that in the event of the arrest of the appellant,
in connection with the F.I.R. No. 11203024220505 dated 16.07.2022,
registered at Police Station-B-Division, District-Junagadh, he shall
be released on bail, if not required in any other case, on such terms
and conditions that may be imposed by the Trial Court. He shall
continue to co-operate with the investigation.
9.
It goes without saying that the respondent-State shall be at liberty
to file appropriate application seeking cancellation of bail in case
any of the conditions, that may be imposed by the Trial Court, are
violated or breached by the appellant.
10. Accordingly, the appeal is allowed.
11. Pending application(s), if any, shall stand closed.
Result of the case: Appeal allowed.
†Headnotes prepared by: Divya Pandey
Lex