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The Allahabad High Court on Monday 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.
A Division Bench comprising Justices DY Chandrachud and Indira Banerjee observed that a High Court in its jurisdiction under Article 226 of the Constitution of India has the power to grant bail in a suitable case. In an application under Article 226, the High Court must be circumspect in exercising its powers [to grant bail]
on the basis of the facts of each case. However, the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power, it observed while granting bail to Arnab Goswami in a habeas corpus petition.
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