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Supreme Court of India 2021-05-25 allowed

Sanjay Kumar Gupta vs State of Uttar Pradesh & Anr

Bench: 2 — Aniruddha Bose, Dinesh Maheshwari

In Brief

In this custodial death case involving allegations of kidnapping and death following arrest in 1997, the Supreme Court set aside anticipatory bail orders granted by the High Court to five accused persons. The Court held that bail decisions cannot rest on general observations about human rights or police practices but must focus on case-specific facts and gravity. While rejecting the anticipatory bail, the Court allowed the respondents to apply for regular bail during trial, to be decided independently by the trial court without prejudice from the anticipatory bail proceedings. All respondents had surrendered before trial commenced.

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Criminal Procedure Anticipatory Bail Custodial Death Bail jurisprudence Police Accountability

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