
Anticipatory Bail Granted Where Delay in FIR and Absence of Victim Injury Certificate Undermine Prosecution Credibility | Section 438 BNSS : Bombay HC Aurangabad
The Bombay High Court granted anticipatory bail to accused persons after finding that a four-day delay in filing the FIR, coupled with no medical evidence of assault on the alleged victim’s son, fatally weakened the prosecution’s case. This reinforces that procedural lapses and lack of corroborative evidence, even in serious allegations, must not override the constitutional right to liberty under Article 21 during investigation.
