LexTHE STATE OF ANDHRA PRADESH versus N. SANJAY
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[2025] 7 S.C.R. 2096 : 2025 INSC 973 The State of Andhra Pradesh v. N. Sanjay (Criminal Appeal No. 3301 of 2025) 31 July 2025 [Ahsanuddin Amanullah and S.V.N. Bhatti JJ.] Issue for Consideration Whether the High Court erred in granting anticipatory bail to the respondent. Headnotes† Bharatiya Nagarik Suraksha Sanhita, 2023 – s.482 – Anticipatory bail – Grant of – When not proper – FIR was filed against the respondent who was Additional Director General of Police, CID, Andhra Pradesh and/or DG, Andhra Pradesh State Disaster Response and Fire Services at the relevant time, alleging misappropriation of funds and various other irrgeularities – Anticipatory bail granted by High Court – Challenge to: Held: On facts, in view of the allegations made, the respondent is not entitled to the anticipatory bail – Impugned Order set aside – Anticipatory bail granted to the respondent is quashed. [Para 29] Case Law Cited Siddharam Satlingappa Mhetre v. State of Maharashtra [2010] 15 SCR 201 : (2011) 1 SCC 694; Niranjan Singh v. Prabhakar Rajaram Kharote [1980] 3 SCR 15 : (1980) 2 SCC 559; Vilas Pandurang Pawar v. State of Maharashtra [2012] 8 SCR 270 : (2012) 8 SCC 795; Atulbhai Vithalbhai Bhanderi v. State of Gujarat [2023] 4 SCR 239 : (2023) 17 SCC 521; State of Haryana v. Dharamraj [2023] 11 SCR 705 : (2023) 17 SCC 510; Sumitha Pradeep v. Arun Kumar C K [2022] 14 SCR 1012 : (2022) 17 SCC 391; P Krishna Mohan Reddy v. State of Andhra Pradesh, 2025 SCC OnLine SC 1157 – referred to. [2025] 7 S.C.R. 2097 The State of Andhra Pradesh v. N. Sanjay List of Acts Bharatiya Nagarik Suraksha Sanhita, 2023. List of Keywords Anticipatory bail; Anticipatory bail quashed; Misappropriation of public funds; Additional Director General of Police, Criminal Investigation Department, Andhra Pradesh; Director General, Andhra Pradesh State Disaster Response and Fire Services; Custodial interrogation; Senior position in the Government. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3301 of 2025 From the Judgment and Order dated 30.01.2025 of the High Court of Andhra Pradesh at Amravati in CRLP No.58 of 2025 Appearances for Parties Advs. for the Appellant: S V Raju, A.S.G., Sidharth Luthra, Sr. Adv., Guntur Pramod Kumar, A Venkatesh, Ms. Rajni Gupta, Samarth Krishan Luthra, Hitarth Raja. Advs. for the Respondent: Kapil Sibal, Siddhartha Dave, Sr. Advs., Abhishek Singh, Talib Mustafa, Harsh Srivastava, Anmol Aggarwal, Ms. Rupali Samuel, Himanshu Tyagi, Dhiraj Abraham Philip. Judgment / Order of the Supreme Court Order Leave granted. 2. Heard Mr. S.V. Raju, learned Additional Solicitor General (‘ASG’) along with Mr. Sidharth Luthra, learned Senior Counsel, for the appellant- State and Mr. Kapil Sibal, learned Senior Counsel, along with Mr. Siddhartha Dave, learned Senior Counsel, for the respondent. 3. The present appeal is directed against the Order dated 30.01.2025 passed by a learned Single Judge of the High Court of Andhra 2098 [2025] 7 S.C.R. Supreme Court Reports Pradesh in Criminal Petition No.58 of 2025 filed under Section 4821 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) by the respondent, whereby he was granted anticipatory bail. BRIEF FACTUAL OVERVIEW: 4. The respondent, an officer borne on the Indian Police Service, at the relevant point in time to which the First Information Report (‘FIR’) viz. Cr.No.05/RCO-CIU-ACB/20242 at PS ACB, CIU, Vijayawada is material, was posted as Additional Director General of Police, Criminal Investigation Department, Andhra Pradesh and/or Director General, Andhra Pradesh State Disaster Response and Fire Services. Various allegations are levelled against the respondent/accused no.1. It is alleged that the respondent, inter alios, manipulated tender(s) for Development and Maintenance of AGNI-NOC Web Portal, Mobile App and supply of hardware in violation of the prescribed procedures resulting in misappropriation of public funds, and; allegedly signed an Agreement (‘Agreement’) with a private party (‘contractor’) for holding awareness camps for Scheduled Caste and Scheduled Tribe community members in various District Headquarters in the State of 1 ‘482. Direction for grant of bail to person apprehending arrest.—(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this s
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