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As per the case facts, a writ petition sought the release of a husband on default bail. Though not initially named in an FIR under IPC and Prevention of Corruption
...Act sections, he was later made a prosecution witness in supplementary chargesheets, then arrested and remanded. The reason for the appeal to the Supreme Court was to obtain the husband's release on default bail, asserting that his fundamental right to personal liberty was violated. The question arose whether the accused's fundamental right to default bail under Section 167(2) of the CrPC was violated given the circumstances of his arrest and subsequent remand. Finally, the Supreme Court made the interim bail order for the accused absolute and disposed of the writ petition. The Court stressed that default bail under Section 167(2) CrPC is a fundamental right derived from Article 21 of the Constitution, serving as a crucial check against arbitrary state power and ensuring that investigating agencies do not unduly harass accused persons, highlighting the significant power imbalance involved.
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