Case Name : Adri Dharan Das vs State of W.B.
Case Reference: (2005) 2 SCR 188 : (2005) 4 SCC 303
Neutral Citation: 2005 INSC 87
Case Number: Crl A 326/2005
Court: Supreme Court
Bench: 02
Coram: Arijit Pasayat, SH Kapadia
Date: 21.02.2005
Meaning of “reason to believe”. Mere fear or vague apprehension is insufficient and does not amount to “belief”.
Court cannot pass interim order not to arrest the applicant.
Legality of proposed arrest cannot be gone into in an application for anticipatory bail.
Distinction between anticipatory bail and ordinary bail. For ordinary bail, the applicant must be under custody. Anticipatory bail cannot be invoked after the person has been arrested.
Refer also:
Judgment name
See also: CrPC - Section 439
PDF-SCR: Adri Dharan Das vs State of WB, (2005) 2 SCR 189.pdf