Anticipatory bail can be granted even if chargesheet is filed in the case: HC

The applicant and two others were accused in the case of 498A (subjecting a woman to cruelty for dowry) and others sections of the Indian Penal Code.

PRAYAGRAJ The Allahabad High Court has reiterated that anticipatory bail (pre-arrest bail) can be granted to an accused before the arrest even if a chargesheet has been submitted by the police and the court below has taken cognisance of it.

The applicant and two others are accused of subjecting a woman to cruelty. (HT Photo)

Justice Nalin Kumar Srivastava allowed the anticipatory bail application of Dr Kartikeya Sharma and two others of Aligarh district and observed, “From the above, it is explicitly clear that even if the chargesheet is filed and cognisance is taken by the court against the accused, the anticipatory bail application moved by the applicants is legally maintainable and it can never be rejected on the ground that now chargesheet has been filed and cognisance has been taken by the court concerned.”

The applicant and two others were accused in the case of 498A (subjecting a woman to cruelty for dowry) and others sections of the Indian Penal Code. They moved anticipatory bail application before the sessions court, Aligarh, who by an order (dated February 28, 2023) rejected it saying that since the chargesheet has been filed and the court concerned has taken cognisance of it, the anticipatory bail cannot be granted.

While allowing the anticipatory bail application of applicants, the court in its decision (dated May 9) observed, “The observation given by the sessions court, Aligarh, while rejecting the anticipatory bail application of the applicants by the order dated February 28, 2023 is a misnomer and the settled legal position cannot be permitted to be contorted in any manner.”

The high court, while directing the registry to send a copy of this order to the court concerned, observed, “Hence, considering the settled principles of law regarding anticipatory bail, submissions of the counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till end of the trial in the matter.”