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Generally, after the filing of charge sheet, the chances of getting bail
generally increase, primarily due to three reasons viz. firstly, since
investigation is completed by police, the custody of the accused is no
longer required for investigation; and secondly, trial when commences
may take time to complete and therefore it would cause injustice to
1
Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453
2
AIR 2018 SC 4647
accused to kept in jail for years, if later, it would be found that he did
not commit crime and he was not found guilty and therefore to keep a
balance of right of victim as well as accused, and thirdly, evidence
would have already been collected by the police, chances of
destruction or concealment of evidence by accused. However, bail
granted would be cancelled if the accused is enlarged on bail during
investigation stage then he is likely to destroy or conceal the evidence
or may influence / threaten the witnesses.
That a question was arose before Apex Court was whether no remand
in police custody can be given to the investigating agency in respect of
the absconding accused who is arrested only after filing of the charge
sheet, the Apex Court in Central Bureau of Investigation v. Rathin
Dandapat, 2015 SCC OnLine SC 743, relying upon State v. Dawood
Ibrahim Kaskar, (2000) 10 SCC 438, held that police remand can be
sought under Section 167(2) CrPC in respect of an accused arrested
at the stage of further investigation, if the interrogation is needed by
the investigating agency.
3
Abhishek Anand vs State of Bihar SLP (crl) 1568 of 2020
It was submitted in case in Serious Fraud Investigation vs Nittin
Johari 2019 (5) SCC 266 that once investigation is over and a
chargesheet has been filed, the nature of allegations may not be a
factor to decide if bail is to be granted and instead, in such cases, the
Court must consider whether the applicant has been cooperating in the
investigation, and whether there is a possibility that the applicant may
abscond or tamper with evidence and mere apprehension of tampering
or absconding is not enough to deny bail, and that there should be an
attempt at tampering with evidence or certainty that the petitioner
would abscond if he is granted bail.
4
Gurcharan Singh v. State (Delhi Admn.), AIR 1978 SC 179
5
Nimmagadda Prasad vs. Central Bureau of Investigation
6
Panchanan Mishra v. Digambar Mishra, (2005) 3 SCC 143
7
State of U.P. v. Amarmani Tripathi, [(2005) 8 SCC 21