[16]. … We have no!ced one common argument being canvassed that no custodial interroga!on is required and, therefore, an!cipatory bail may be granted. There appears to be a serious misconcep!on of law that if no case for custodial interroga!on is made out by the prosecu!on, then that alone would be a good ground to grant an!cipatory bail. Custodial interroga!on can be one of the relevant aspects to be considered along with other grounds while deciding an applica!on seeking an!cipatory bail. There may be many cases in which the custodial interroga!on of the accused may not be required, but that does not mean that the prima facie case against the accused should be an!cipatory bail. The first and foremost thing that the court hearing an an!cipatory bail applica!on should consider is the prima facie case put up against the accused. ThereaBer, the nature of the offence should be looked into along with the severity of the punishment. Custodial interroga!on can be one of the grounds to decline an!cipatory bail. However, even if custodial interroga!on is not required or necessitated, by itself, cannot be a ground to grant an!cipatory bail.
