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Does the filing of a chargesheet extinguish the right to seek anticipatory bail?
Research memoThe filing of a chargesheet does not, by itself, extinguish the right to seek anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. Sushila Aggarwal 1
Checks: 13 support found (automated) · 2 not verified
RULE
In Gurbaksh Singh Sibbia v. State of Punjab (1980), the Supreme Court explained that the power is to be exercised through judicial discretion, balancing personal liberty and the investigational powers of the police. Gurbaksh Singh Sibbia 2
The corresponding BNSS provision is Section 482; the answer on the new provision rests on the predecessor provision’s case law. s. 482 5
The court may also consider the evidence collected, the applicant’s conduct and cooperation, and the risk of absconding or interference with witnesses or evidence.
Not verified against this corpus — verify independently.
Judgments
- 1. Sushila Aggarwal and Others v. State (NCT of Delhi) and Another (2020)[2020] 2 S.C.R. 1 · cited for 6
- 2. Gurbaksh Singh Sibbia v. State of Punjab (1980)[1980] 3 S.C.R. 383 · cited for 1
- 3. Yogesh Chaudhary v. State (NCT of Delhi) (2025)Delhi High Court, decided 27 January 2025 · cited for 5
and 3 more judgments
Provisions
- 4. s. 438 · The Code of Criminal Procedure, 1973
- 5. s. 482 · The Bharatiya Nagarik Suraksha Sanhita, 2023
Supreme Court of India
Judgments cited by their S.C.R. reference.
Delhi High Court
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Central statutes
Provisions quoted from the Act, with BNSS sections read alongside their CrPC predecessors.
Checked before you see it
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Arnesh Kumar v. State of Bihar (2014)
Supreme Court of India
Arrest brings humiliation, curtails freedom and cast scars forever. Law makers know it so also the police. There is a battle between the law makers and the police and it seems that police has not learnt its lesson; the lesson implicit and embodied in the Cr.PC. It has not come out of its colonial image despite six decades of independence, it is largely considered as a tool of harassment, oppression and surely not considered a friend of public.
Quotation matched to the judgment text
Not verified against this corpus — verify independently.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION NO. ____ OF 2026
IN THE MATTER OF:
[Applicant]Applicant
versus
State (NCT of Delhi)Respondent
APPLICATION UNDER SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR GRANT OF ANTICIPATORY BAIL
MOST RESPECTFULLY SHOWETH:
1. That the applicant seeks anticipatory bail in connection with FIR No. [FIR number] registered at Police Station [police station].
2. That the filing of a chargesheet does not, by itself, bar the present application: Sushila Aggarwal v. State (NCT of Delhi) (2020).
AI-assisted first draft. Review before filing.needs facts
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