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SC (17/03/2023)


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  1. Code of Criminal Procedure, 1973–Secs. 438/439–Situation where the
    accused has been bailed out in a criminal case in which new offenses were
    added subsequently–Recourse available to accused–He is to surrender and
    apply for fresh bail–The investigation agency is also entitled to move the
    Court seeking the custody of the accused by invoking the provisions of Secs.
    437(5) & 439(2) Cr.P.C.
  2. Code of Criminal Procedure, 1973–Sec. 438–Penal Code, 1860–Secs.
    354, 354-B, 506(2) & 376–Order of granting the anticipatory bail–Sustainability–
    Earlier, the bail was granted on the ground of non-compliance with Sec. 41-A,
    Cr. P.C.–Thereafter, the new offense u/s. 376 was added and the State moved
    the application for cancellation of bail–The application was allowed–Accused
    moved the application for anticipatory bail before the Addl. Sessions Judge
    which was rejected and the plea of honeytrap was rejected–High Court granted
    the anticipatory bail having been swayed by the “star variations in the narrations
    of the prosecutrix”–There was still sufficient material in the FIR that
    would prima facie attract the provisions of Sec. 376–Further, the High Court
    did not afford the opportunity of hearing to the prosecutrix even though her counsel was present–Impugned order of the High Court cannot be sustained.