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Supreme Court of India 2021-03-05 allowed

Rajesh Pratap Giri vs State of U.P. & Anr

Bench: 3 — <UNKNOWN>

In Brief

The Supreme Court clarified that anticipatory bail granted by a trial court does not automatically terminate upon the filing of a charge-sheet. The High Court's order directing the appellant to surrender and apply for regular bail was wrong. The Court restored the anticipatory bail, holding that its duration can extend until the end of trial unless special circumstances warrant limitation. The Court noted that the filing of a charge-sheet while an accused is on anticipatory bail suggests the investigating agency found no need for custody, indicating cooperation. Parties may seek cancellation only through fresh applications to the trial court if warranted.

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Criminal Procedure Bail Anticipatory Bail Criminal Law

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