In a Criminal Appeal under Article 136 of the Constitution of India, the Supreme Court reviewed the denial of anticipatory bail by the Allahabad High Court, dated February 28, 2023. The petitioner, a police constable, faced charges under several sections of the Indian Penal Code, including Sections 448, 452, 427, 323, 504, 506, 395, and 120-B. These charges were linked to an incident involving the demolition of the complainant's house and accusations of dacoity.
The alleged incident took place on January 14, 2016, but the FIR was lodged three years later in 2019. The Division Bench, consisting of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah, took note of the substantial delay in filing the FIR, as well as the fact that the petitioner was a police constable. It was highlighted that the primary accusation against the petitioner was his mere presence at the scene, while other individuals accused of forcibly removing the occupants from the house had already been granted bail.
The Court also pointed out that bail cancellation for the co-accused had been stayed and concluded that the petitioner did not require arrest based on the chargesheet. Instead, the petitioner was directed to cooperate with the trial and assist in expediting the proceedings. Consequently, the Supreme Court granted anticipatory bail to the police constable.
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