Allahabad High Court states that an anticipatory bail plea cannot be rejected on the grounds that a chargesheet has been filed, or that the court took notice of the offense.
Title: Dr. Kartikeya Sharma And 2 Others vs. State of U.P. and Another
Dated on: 9th May, 2023
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 3107 of 2023
CORAM:Hon’ble Nalin Kumar Srivastava,J.
Introduction.
An anticipatory bail application made by an accused person can never be denied on the grounds that a charge sheet has since been filed in the case or that the court in question has recognised the offence, according to a recent ruling by the Allahabad High Court.
Analysis.
Even if the chargesheet is filed and the court takes cognizance against the accused, who is exempt from arrest during the course of the investigation due to a court order, anticipatory bail granted to him, or the Investigating Officer serving him with a notice under Section 41-A Cr.P.C., the anticipatory bail application made by the accused is still legally maintainable.
The court noted that the current applicants were not proclaimed offenders at the time they applied for anticipatory bail before the HC, so the restriction imposed by the Supreme Court prohibiting it from considering an anticipatory bail application from a proclaimed offender is not applicable in the current case.
The Court further noted that it was appropriate to grant them pre-arrest bail because the alleged offences are punishable by a maximum sentence of seven years in prison, the applicants have cooperated throughout the investigation, and there is no evidence on file to suggest otherwise.
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Written by- Varada Hawaldar