ISSUE:
Whether anticipatory bail under Section 438 of the Criminal Procedure Code is subject to rigid limitations or dependent on the discretion of the courts based on case-specific facts?
Whether the imposition of blanket restrictions on anticipatory bail violates the individual's fundamental right to personal liberty under Article 21 of the Constitution?
Whether considerations under Section 437 apply to anticipatory bail applications under Section 438?
RULE:
Judicial Discretion in Anticipatory Bail: Courts have wide discretion to grant anticipatory bail under Section 438, guided by the facts and circumstances of each case, without being restricted by rigid, predetermined rules or conditions.
Balancing Liberty and Investigation: The provision must be interpreted to protect individual liberty while ensuring it does not unduly hinder legitimate police investigations, with conditions imposed as necessary to maintain this balance.