Sunday 21 November 2021

Can the accused claim anticipatory bail after filing the charge sheet if it was open for him to surrender and apply for regular bail?

Petitioners who are the father-in-law and mother-in-law of

the deceased are sought to be prosecuted for the offences under

Sections 323, 498A, 304B, IPC read with section 3 & 4 of the Dowry

Prohibition Act. Before the charge sheet was filed, they were

granted anticipatory bail by this Court on 07.10.2020. In the said

order granting bail, this Court had observed that, after charge

sheet is filed, it is open for the petitioners to surrender and

apply for the Regular Bail before the Competent Court. After

filing the charge sheet, when application for grant of anticipatory

bail is filed, impugned order is passed based on the observation

made by this Court, in the earlier order.

Merely because it was kept open for the petitioners to

surrender and apply for Regular Bail after filing of the charge

sheet, the same does not preclude the petitioners to apply for

anticipatory bail under Section 438 Cr.P.C. after filing of the

charge sheet. It also cannot be said, that same is a second

application for grant of anticipatory bail as pleaded by learned

counsel appearing for respondents, on the same cause of action.

S U P R E M E C O U R T O F I N D I A

 Special Leave to Appeal (Crl.) No. 6057/2021

VINOD KUMAR SHARMA Vs  STATE OF UTTAR PRADESH 

Date : 16-11-2021 

CORAM :

HON'BLE MR. JUSTICE R. SUBHASH REDDY

HON'BLE MR. JUSTICE HRISHIKESH ROY


UPON hearing the counsel the Court made the following

O R D E R

Heard Mr. Siddharth Dave, learned senior counsel appearing for

the petitioners and Mr. Vinod Diwakar, learned Additional Advocate

General for the State of Uttar Pradesh, Mr. Sudhir Naagar, learned

counsel for respondent No.2.


Petitioners who are the father-in-law and mother-in-law of

the deceased are sought to be prosecuted for the offences under

Sections 323, 498A, 304B, IPC read with section 3 & 4 of the Dowry

Prohibition Act. Before the charge sheet was filed, they were

granted anticipatory bail by this Court on 07.10.2020. In the said

order granting bail, this Court had observed that, after charge

sheet is filed, it is open for the petitioners to surrender and

apply for the Regular Bail before the Competent Court. After

filing the charge sheet, when application for grant of anticipatory

bail is filed, impugned order is passed based on the observation

made by this Court, in the earlier order.

Merely because it was kept open for the petitioners to

surrender and apply for Regular Bail after filing of the charge

sheet, the same does not preclude the petitioners to apply for

anticipatory bail under Section 438 Cr.P.C. after filing of the

charge sheet. It also cannot be said, that same is a second

application for grant of anticipatory bail as pleaded by learned

counsel appearing for respondents, on the same cause of action.

Further it is also brought to our notice that the husband of

the deceased was granted Regular Bail after he was arrested. This

Court while issuing notice also granted protection to the

petitioners from arrest.

For the aforesaid reasons, we are of the view that it is a fit

case for grant of anticipatory bail. The order impugned is set

aside.

The special leave petition is disposed of granting

anticipatory bail to the petitioners, subject to such conditions,

to be imposed by the Trial Court.

Pending application(s) shall also stand disposed of.


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