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Supreme Court of India 2017-09-19 allowed

Fekan Yadav vs Satendra Yadav @ Boss Yadav @ Satendra Kumar and Ors

Bench: 2 — S. Abdul Nazeer

In Brief

A young student disappeared on his way to school. The child's father alleged that respondents, against whom he had previously complained of threats and suspicious attempts to contact his son, had kidnapped him. The High Court granted anticipatory bail to the accused without providing reasons. The Supreme Court set aside this order, holding that in serious crimes like kidnapping—especially where the victim remains missing, prior threats exist, and prosecution witnesses support the case—anticipatory bail cannot be granted without reasoned findings. The nature and gravity of the accusations justified custodial interrogation to trace the missing child.

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Criminal Procedure Bail and Anticipatory Bail Kidnapping Judicial Review Criminal Jurisprudence

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