How will filing of charge sheet impact the pending bail application?

How will filing of charge sheet impact the pending bail application?


Question: My son has filed a bail application before the High Court in a case under Sections 498-A, 406 IPC, and this bail application is presently pending. On the previous date, the High Court had granted protection from arrest till the next date of hearing. I am given to understand that the police is likely to file the charge sheet before the next date of hearing in the High Court. How will filing of charge sheet impact the pending bail application? Does it mean that the bail application will be rejected?

Grant of bail from custody

Answer: In fact, filing of the charge sheet will have a positive impact on the pending bail application. Filing of charge sheet implies that investigation has been completed by police; which would imply that the police may not be in need of custody of the accused any more. Further, filing of charge sheet also implies that whatever evidence was required to be collected by the police, has already been collected and there is no likelihood of the accused trying to destroy or conceal the evidence. It also implies that the statements of the witnesses have also been recorded by the police, and wherever necessary their statements are recorded also under Section 164 of Cr.P.C. (i.e., before a Magistrate). In view of these reasons, after the filing of the charge sheet, there are better chances of getting bail in the pending bail application. In the worst scenario, even if the bail application is rejected, the accused would be remanded only to the judicial custody and not to the police custody since the investigation would be already over.

About Dr. Ashok Dhamija

Dr. Ashok DhamijaDr. Ashok Dhamija is a New Delhi based Supreme Court Advocate, holds Ph.D. in Constitutional Law, is author of 3 law books, and is an ex-IPS officer. He is the founder of this law portal. Read more by clicking here. List of his articles. List of his Forum Replies. List of his Quora Answers.

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