Supreme Court Grants Anticipatory Bail To Woman Accused Of Committing Bigamy

The Supreme Court has granted anticipatory bail to a woman accused of committing offence of Bigamy under Section 494 of the Indian Penal Code along with Section 420 IPC.

The bench of Justice A.S.Bopanna and Justice S. Ravindra Bhat ordered that "…considering the fact that the State-Madhya Pradesh is the prosecuting agency and they are before this Court, and further keeping in view the nature of the allegations and the fact that this Court had granted interim protection to the petitioner against arrest, we deem it appropriate to continue the said interim protection till the conclusion of the investigation and trial thereafter, if need be."

The Apex Court had granted interim protection against arrest to the petitioner-woman on October 10, 2022.

The State objected to grant of anticipatory bail stating that the accused has not joined the investigation and is absconding.

After hearing Advocate Namit Saxena appearing for the accused-wife, the Court allowed to continue the interim protection till the conclusion of the investigation and trial. Advocate Anuradha Mishra appeared for the State.

The Petitioner had approached the Apex Court against the order of the MP High Court refusing anticipatory bail to her. As per the Petitioner,  she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the agent of the Axis bank, wherein the agent of the bank while filling the account opening form, mistakenly entered the name of one person as the husband and Nominee of the petitioner. She contended that the error was rectified by her as soon as she came to know about the same. 

The state submitted that the Petitioner is absconding and that granting anticipatory bail will seriously prejudice the investigation. 

The Court directed the Petitioner to diligently participate in the investigation.

"However, the petitioner shall diligently participate in the investigation and also comply with the conditions under Section 438 (2) of the Code of Criminal Procedure (Cr.P.C.).", the Court directed.

Cause Title- Akanksha Sharma v. State Of Madhya Pradesh & Anr.

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