Supreme Court: Whether accused implicated in criminal prosecution due to political rivalry are entitled to be released on anticipatory bail?

 Having regard to the aforesaid considerations, we are of the opinion that while adjudicating an application for anticipatory bail, a careful balance must be struck between the State's interest in ensuring a fair investigation and the individual's fundamental right to personal liberty Under Article 21 of the Constitution of India, in light of the principles enunciated in Gurbaksh Singh Sibbia (supra). In this context, the criminal process must be applied with objectivity and circumspection so as to ensure that individual liberty is not imperiled by proceedings that may be coloured by political rivalry. We are further of the opinion that the allegations and counter-allegations, as apparent in the present case, prima facie, appear to be politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation, and the veracity of the allegations can be tested at trial. The right to personal liberty is a cherished fundamental right, and any deprivation thereof must be justified on a higher threshold, particularly where the surrounding circumstances may indicate the presence of political overtones. {Para 25}

26. Considering all these aspects as discussed above and in conspectus of the present case, we are of the view that the tests as enumerated for grant of anticipatory bail in Gurbaksh Singh Sibbia (supra) finds favour with the Appellant.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2294 of 2026

Decided On: 30.04.2026

Pawan Khera Vs. State of Assam

Hon'ble Judges/Coram:

J.K. Maheshwari and A.S. Chandurkar, JJ.

 Citation: 2026 INSC 437, MANU/SC/0428/2026.

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