Anticipatory bail after charge sheet

This article examines whether an accused person can seek anticipatory bail even after submission of the charge sheet by the police. It discusses the legal position under Section 438 of the Code of Criminal Procedure and the principles laid down by the Supreme Court and various High Courts regarding the maintainability of anticipatory bail applications after cognizance or filing of the police report.

by Shivendra Pratap Singh | Dec 22, 2024 | Criminal Law

Anticipatory bail after charge sheet is permissible in the crpc? The investigating officer has submitted a charge sheet against me and my mother. In these circumstances can we seek anticipatory bail?

Asked from: Delhi

Anticipatory bail is granted when the accused has apprehension of arrest. There would be no such apprehension only after submission of the charge sheet. It is a settled law that the court is not bound to accept the charge sheet.

The court has the power to reject the charge sheet if found that investigation is faulty. In vice-versa the court may take cognizance under 190 crpc and issue a process under section 204 crpc.

So only after filling the charge sheet it cannot be said that you have apprehension of arrest. In absence of apprehension of arrest the court shall reject your application.

Unless and until the court issues warrant you cannot file an anticipatory bail application. Wait until the issue of the warrant thereafter, you can invoke section 438 crpc.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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