Monday, May 20, 2024

Allahabad High Court: Anticipatory bail can be granted even after filing of chargesheet

The Allahabad High Court has said that anticipatory bail can be granted even after the filing of the chargesheet in a criminal case and taking cognizance by the magistrate thereon, and any time till the trial is over.

This order was given by Justice Siddharth on Tuesday on the anticipatory bail application of Adil, a law student of the Aligarh Muslim University.

The application has been filed with a prayer to grant anticipatory bail to the applicant under Sections 307 and 504 IPC, Police Station- Civil Lines, District Aligarh.

The Court granted conditional anticipatory bail to the Petitioner, citing the Supreme Court‘s Sushila Agarwal verdict. The Court has imposed conditions such as not leaving India till trial, depositing the passport in Court, not threatening or tempting the witnesses, cooperating in trial, which will have to be complied with.

The petitioner, Adil, is accused of inciting the co-accused to shoot at the complainant. The Court said that the petitioner has no criminal history, is of elite home. The father is an assistant professor at the same university. He got anticipatory bail during the deliberations.

It was said on behalf of the Government that the chargesheet has been filed. The Court has issued summons. The Petitioner should file a regular bail application and that the anticipatory bail application is not maintainable.

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The Court, while considering judicial decisions, said the Supreme Court has said in its judgment that anticipatory bail can be granted till the trial is over.


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