The Supreme Court has granted anticipatory bail to an overseas-based IT professional accused in a criminal case arising out of an alleged failed consensual relationship with Complainant, a practising Advocate, setting aside a Bombay High Court order which had denied him pre-arrest protection.
In view of the grant of anticipatory bail, the Bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan directed that the Look Out Circular (LOC) dated 24 March 2025, the Blue Corner Notice issued against him, and the order declaring him a proclaimed offender be kept in abeyance.
The case arose from the FIR which had been lodged on the complaint of a practising advocate, alleging offences under Sections 69, 318(4), 3(5) and 316(2) of the Bharatiya Nyaya Sanhita, 2023, along with Section 66E of the Information Technology Act, 2000. Apprehending arrest, the petitioner had approached the Bombay High Court seeking anticipatory bail, which was rejected on 15 October 2025, prompting him to move the Supreme Court.
Allowing the appeal filed by the petitioner, the Court held that he was entitled to relief under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and directed that he be released on bail in the event of arrest on furnishing cash security of ₹25,000 with two sureties of the like amount. Earlier, by an interim order dated 17 November 2025, the apex court had granted him protection from coercive action pending consideration of the appeal.
The Court directed the appellant to cooperate fully with the investigation and restrained him from influencing witnesses or tampering with evidence. Taking note of the fact that the appellant was residing overseas, the Court clarified that if he returned to India for investigation or any other purpose, the present order would protect him in respect of the offences alleged. The Court directed that the intimation of investigation dates must be given to him well in advance so as to enable him to travel to India.
With these directions, the appeal and connected applications were allowed
Appearances
Petitioner- Mr. Rishi Malhotra, Sr. Adv. Ms. Ansuiya, Adv. Mr. Shivaansh Maini, Adv. Mr. Prem Malhotra, AOR
Respondents- Mr. Shishir Pinaki, AOR Mr. Dhanaeswar Gudapalli, Adv. Mr. Satyeyu Veer, Adv. Mr. Raman Yadav, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv.
