Anticipatory Bail Cannot Be Restricted Till Filing of Chargesheet Ordinarily: Supreme Court

Anticipatory Bail Cannot Be Restricted Till Filing of Chargesheet Ordinarily: Supreme Court

The Supreme Court of India has held that anticipatory bail cannot ordinarily be restricted only till the filing of the chargesheet. The Court clarified that inserting expiry clauses at the very inception of granting anticipatory bail is legally unsustainable unless specific and exceptional reasons exist.

The judgment reinforces the principle that bail is the rule and jail is the exception, strengthening the constitutional protection guaranteed under Article 21 of the Constitution of India.

Key Legal Observations by the Court

• Anticipatory bail protects individuals from arbitrary arrest.

• Courts should avoid mechanically limiting bail protection till the filing of chargesheet.

• Expiry clauses imposed without special reasons defeat the purpose of Section 438 CrPC and the corresponding provisions under BNSS 2023.

• Once granted, anticipatory bail ordinarily continues till the conclusion of trial unless legally cancelled.

Views of Dr. Anthony Raju
Advocate, Supreme Court of India | Leading Criminal Lawyer | Expert in POCSO Matters

Dr. Anthony Raju has strongly welcomed this progressive ruling and states that personal liberty cannot be placed on a ticking clock. Anticipatory bail is a constitutional shield, not a temporary concession. Courts must ensure that innocent individuals, especially in sensitive matters including POCSO allegations, are not subjected to coercive arrest without compelling necessity.

According to Dr. Anthony Raju

• In many false implication cases, including POCSO and matrimonial disputes, arrest is often used as a pressure tactic.

• Restricting anticipatory bail till chargesheet mechanically increases the risk of harassment.

• Judicial discretion must be exercised with constitutional sensitivity and not procedural rigidity.

• Cancellation of bail is always available if misuse occurs, therefore arbitrary expiry clauses are unnecessary.

He further emphasized that this ruling strengthens fairness, protects reputational rights, and upholds the foundational principle that liberty under Article 21 is supreme.

Source LiveLaw

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