Though Filing Chargesheet Is Material Consideration While Granting Bail, It's Not Sole Criterion: Delhi HC

To start with, we must first and foremost pay our unremitting attention to the glaring manner in which while ruling on a very pertinent legal point pertaining to the role of filing of chargesheet in the granting or refusal of bail

The Single Judge Bench comprising of Hon’ble Mr Justice Saurabh Banerjee of the Delhi High Court in a most learned, laudable, landmark, logical, and latest judgment titled Keshav Prasad Gupta vs State NCT of Delhi in Bail Appln. 665/2023 that was pronounced as recently as on 21.11.2023 has minced just no words to state clearly in no uncertain terms that while filing of the chargesheet is a material consideration in bail matters, it is not the sole criterion and must be considered in conjunction with the facts and circumstances of the case. It must be mentioned here that the applicant had sought regular bail in a case against him involving serious charges with which he was charged under various Sections of the Indian Penal Code (IPC), including sexual offences. It must be noted that the applicant along with two other co-accused was accused of committing heinous sexual atrocities over a period of almost two years. Of course, it cannot be glossed over which even the Court noted that the complainant made serious allegations that she was forcefully intoxicated and subjected to legal abuse. The bail application of the applicant was thus dismissed. Very rightly so!

At the very outset, this brief, brilliant, bold, and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Saurabh Banerjee of the Delhi High Court sets the ball in motion by first and foremost putting forth aptly in para 1 that, “The applicant vide the present application under Section 439 of the Code of Criminal Procedure, 1973 [CrPC] seeks regular bail in FIR No.0566/2022 dated 03.09.2022 registered under Sections 323/328/343/ 376D/376(2) (n)/506/509/120B of the Indian Penal Code, 1860 at PS.: Bhajanpura, NorthEast District, Delhi.”