Section 498A - Double Whammy or Double Protection?

crpc_bnss general intermediate judgment_take

In Rajesh Sharma v. State of Uttar Pradesh (2017), SC allowed anticipatory bail to those accused under Section 498A CrPC only if they can show that they'll cooperate with the investigation or that the wife has voluntarily stayed back at the matrimonial home. It's a welcome move as 498A has been notorious for its misuse. But here's the catch - it's on a case-to-case basis and the court considers the facts of each case. If the allegations are frivolous, the accused can still get bail. I agree with this judgment because it gives some teeth to the accused's right to bail, but it's also true that it still relies heavily on the discretion of the court. My family thinks it's a double-edged sword, but I think it's a step in the right direction.

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