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Cases Where Anticipatory Bail Can Be Granted Even After Submission Of Charge Sheet: Allahabad High Court Issues Guidelines

The Allahabad High Court observed that non grant of anticipatory bail to an accused only on the ground that charge-sheet has been submitted by the Investigating Officer or cognizance has been taken by the Court against him under sec. 204 of Cr.P.C. without considering the prima facie veracity of the same, will “not be in the larger interest of justice.” A single judge bench comprising of Justice Siddharth, while making the said observation, propounded various “appropriate cases” where anticipatory bail can or cannot be granted to an accused apprehending arrest even after submission of the chargesheet or cognizance being taken by the Court.The observation came while the bench was dealing with an anticipatory bail filed by one Shivam accused under sec. 323, 504, 506 of IPC along with sec. 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by a journalist alleging that the accused, along with other co accused, abused him by using the word “dhed chamaar” and also abused him in the name of his mother and sister. It was also alleged that they also threatened him that if he will indulge in journalism, he would be killed.

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