Supreme Court Grants Bail to Jharkhand Woman, Sets Aside High Court Order Rejecting Anticipatory Bail.


14 October 2025 Bail and Antcipatory Bail >> Criminal Law  

The Supreme Court of India has upheld an order of the Jharkhand High Court refusing anticipatory bail to a woman accused in a criminal case of 2019, considering her complete cooperation during investigation and adherence to earlier orders passed by the apex court.

A division bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh gave the order on October 14, 2025, in Bimla Devi Kumari Vimla Gudiya Kumari v. State of Jharkhand, granting the appeal against the High Court's order dated June 24, 2025, in ABA No. 3281 of 2025.


   

The Court had, on August 4, 2025, extended interim protection in favour of the appellant, ordering that upon arrest in respect of Crime No. 75 of 2019 being registered at Hazaribagh Sadar Police Station, she should be released on bail on the execution of a personal bond and upon compliance with conditions like cooperation with the investigating agencies and not harpooning witnesses.

When the issue came up for final hearing, State's counsel could not deny the fact that the appellant had strictly followed all the terms of interim bail, had assisted the investigation, and had not obstructed any witnesses or the course of justice.

Noting these developments, the Supreme Court noted that the conduct of the appellant warranted the maintenance of bail protection that had already been granted. Accordingly, the Court upheld its interim order dated August 4, 2025, and ordered her to continue supporting the investigation as well as the subsequent trial proceedings.

The Court also highlighted the fact that if the trial court or investigating officer determines that there was delay due to the conduct of the appellant, proper measures like cancellation of bail, if warranted under the law, could be initiated.

Substantially putting aside the earlier order of the High Court, the bench reiterated that bail in such instances should be considered not only on allegations but also on the petitioner's behavior during the investigation. The Court's ruling highlights the principle that anticipatory bail, being a shield against arbitrary arrest, can be maintained where the accused shows consistent cooperation and respect for due process.

The decision reflects the Supreme Court’s continued balancing of personal liberty with investigatory interests, particularly where the applicant’s record indicates compliance, rather than obstruction, of justice.