Topic

crpc 438

3 articlesLatest May 2026
CrPC Section 438 | Anticipatory Bail Cannot Be Denied Solely on Gravity of Offence: Allahabad HC Grants Relief to 72-Year-Old Woman
Case Law Analysis
|Allahabad High Court

CrPC Section 438 | Anticipatory Bail Cannot Be Denied Solely on Gravity of Offence: Allahabad HC Grants Relief to 72-Year-Old Woman

Allahabad High Court ruled that anticipatory bail under Section 438 CrPC cannot be denied merely on the gravity of the offence, especially when the accused is elderly, has no criminal history, and poses no flight risk. The court emphasized that personal liberty must be balanced with the nature of allegations, granting bail to a 72-year-old woman in a forgery case despite serious charges.

Section 438 CrPC | Compromise in Land Dispute Overrides Prior Bail Withdrawals for Anticipatory Bail : Patna HC
Case Law Analysis
|Patna High Court

Section 438 CrPC | Compromise in Land Dispute Overrides Prior Bail Withdrawals for Anticipatory Bail : Patna HC

Patna High Court grants anticipatory bail under Section 438 CrPC despite multiple prior bail withdrawals, holding that full repayment of ₹12 lakhs and a joint compromise in a land dispute case neutralize the gravity of offences under IPC Sections 406, 420, and 120B. The ruling emphasizes restitution and settlement as valid grounds for bail, even in non-compoundable offences.

Section 11 POCSO & BNS | Mere Parental Disapproval Without Overt Acts Not Abetment : Andhra Pradesh HC Grants Anticipatory Bail
Case Law Analysis
|Andhra Pradesh High Court

Section 11 POCSO & BNS | Mere Parental Disapproval Without Overt Acts Not Abetment : Andhra Pradesh HC Grants Anticipatory Bail

The Andhra Pradesh High Court ruled that parents cannot be held liable for abetment under the POCSO Act or Bharatiya Nyaya Sanhita merely for disapproving a relationship or issuing general threats. The court granted anticipatory bail, emphasizing that specific overt acts are necessary to establish abetment, setting a precedent for parental liability in POCSO cases.