Factual Matrix 

In the case of Teesta Atul Setalvad v. State of Gujarat Sanjiv Bhatt, a deputy inspector general of police, R.B. Sreekumar, a retired IAS, and Teesta Setalvad were named in an FIR for allegedly plotting to misuse the legal system by creating fake evidence to convict many defendants for a crime punishable under Section 194, 468, 469, 471, 194, 211, 218 and 120-B of the IPC. Additionally, it was claimed in the FIR that they sought to harm innocent people by filing false and malicious criminal charges against them. Teesta had submitted a bail application pursuant to Section 439 of the Cr. P.C., but it was denied. On February 9, 2022, the Supreme Court granted her temporary release, noting that the ongoing application should be taken into account separately. Teesta’s request for regular release was denied by the Gujarat High Court, which also ordered her to surrender right away. The plea for a 30-day stay of the ruling was likewise denied by the Supreme Court. The court extended the stay of the High Court’s ruling for one week at a late-night session.

Supreme Court Verdict 

Teesta Atul Setalvad was granted regular bail by the Supreme Court panel of BR Gavai, AS Bopanna, and Dipankar Datta in relation to a First Information Report for offences punishable under Sections 468, 469, 471, 194, 211, and 218 of the Penal Code, 1860 for fabricating evidence in the 2002 Godhra riots. Teesta was given regular bail by the court, which overturned the Gujarat High Court’s decision to deny her release request.

CASE NAME – Teesta Atul Setalvad v. State of Gujarat, Order 19-07-2023