18 February 2025 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Rape >> Criminal Law  

In Hitesh Umeshbhai Mashru v/s The State of Gujarat & Another., the Supreme Court has granted anticipatory bail to a man accused of rape and cheating, overturning a Gujarat High Court decision. The case involves allegations that the appellant married the complainant under false pretenses and then committed rape.

The appellant and the complainant were both in their third marriage, and the appellant argued that the marriage, though not registered, was conducted according to their customs. He also stated that he cooperated with the investigation following interim protection from the Supreme Court.

The Gujarat High Court had rejected the appellant's anticipatory bail application. However, the Supreme Court, noting that the charge sheet had already been filed and without expressing any opinion on the merits of the case, decided to grant bail.

The court directed that in the event of the appellant's arrest, he be released on bail, subject to conditions imposed by the trial court. The appellant is required to continue cooperating with the investigation. The state is granted the liberty to file for cancellation of bail if any of the imposed conditions are breached.