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Dr. Subhash Kashinath Mahajan vs The State Of Maharashtra on 20 March, 2018

However, the Apex Court as per the decision in Union of India (supra) recalled direction Nos.3 -: 13 :- CRL.A.No.9 OF 2021 and 4 issued in Subhash Kashinath (supra). Since direction No.2 was not recalled, the said direction holds the field even now. Therefore, there is no absolute bar against grant of anticipatory bail in cases under the Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.
Supreme Court of India Cites 106 - Cited by 477 - A K Goel - Full Document

Union Of India vs The State Of Maharashtra on 1 October, 2019

However, the Apex Court as per the decision in Union of India (supra) recalled direction Nos.3 -: 13 :- CRL.A.No.9 OF 2021 and 4 issued in Subhash Kashinath (supra). Since direction No.2 was not recalled, the said direction holds the field even now. Therefore, there is no absolute bar against grant of anticipatory bail in cases under the Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.
Supreme Court of India Cites 74 - Cited by 290 - A Mishra - Full Document
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