Chief Justice of India N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli pointed out some situations in which bail granted under Section 439 of the Code of Criminal Procedure could be invalidated. While granting the appeal, the court overturned the High Court’s decision and ordered the accused to surrender within a week from the date of the order. According to FIR, the accused tricked the petitioner by having a relationship with her on the basis of a false promise to marry her by the respondent. The accused painted vermilion on the appellant’s forehead to convince the appellant that they would be married and had physical intimacy. When the appellant became pregnant, she had to take the abortion drug without her knowledge. When the appellant was ignored by the accused, including the phone, the appellant confronted the accused, who refused now to marry her. This made the complainant file a complaint, which resulted in the submission of FIR.
The accused filed bail and the proceeding began before the judge of additional session under Article 438 of the Code of Criminal Procedure, which the court dismissed.
The application for bail under Article 439 of the Code of Criminal Procedure was filed by the accused in the High Court and granted by the court after a personal deposit was made.
In an appeal filed within the Supreme Court, the court ruled that:
Some of the defendant’s situations under Section 439 (1) of Cr.P.C.
a) If he abuses his liberty by engaging in similar/different criminal activity.
b) He made interference in the investigation.
c) When he attempts to tamper with evidence.
d) When he attempts to threaten a witness.
e) When he attempts to avoid legal proceedings.
f) If you are engaged in activities that interfere with a smooth investigation process.
g) When he is likely to flee out of the country.
h) He hides or becomes unavailable to investigative authorities.
i) If you try to go out of the reach of a witness.
j) If you find out that you are not promoting a fair trial after your bail has been granted.
I would like to make it clear that the above list is just a guide and not exhaustive. “