The Allahabad High Court has held that anticipatory bail can be granted to an accused before the arrest even if a charge sheet is submitted by the police and the lower court takes cognizance of it.
While granting bail to Kartikeya Sharma and two others of Aligarh district, Justice Nalin Kumar Srivastava observed: “It is explicitly clear that even if the charge sheet is filed and cognizance 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 cognizance 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 other sections of the Indian Penal Code.
They moved anticipatory bail application before the sessions court, Aligarh, which by order dated February 28, rejected it saying that since the charge sheet has been filed and the court concerned has taken cognizance of it, the anticipatory bail cannot be granted.
While allowing the anticipatory bail application of the applicants, the court observed: “The observation given by the sessions court, Aligarh while rejecting the anticipatory bail application of the applicants by the order dated February 28 is a misnomer and the settled legal position cannot be permitted to be contorted in any manner.”
While directing the registry to send a copy of this order to the court concerned, the high court 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.”
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