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SUPREME COURT OF INDIA
J.B. Pardiwala, K.V. Viswanathan, JJ.
Sumit – Appellant
Versus
State Of U P & Anr. – Respondents
Criminal Appeal No. 830 of 2026 (Arising out of SLP(Crl.) No. 1536 of 2026)
Decided On : 09-02-2026
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 [Section 438 of Cr.P.C.] – Anticipatory bail application – Rejection – FIR registered for offences punishable under Section 2 80(2)/85 of BNS and Sections 3 and 4 respectively of Dowry Prohibition Act, 1961 – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded – Duration is a matter of judicial discretion and cannot be confined by arbitrary timelines – Either Court may grant anticipatory bail or may decline – However, once having exercised its discretion in favour of accused upon consideration of overall matter, there was no good reason for High Court to restrict it upto stage of filing of charge-sheet – There is no restriction in Section 438 Cr.P.C. to grant anticipatory bail even when charge-sheet has been filed and cognizance is taken – Anticipatory bail can be granted at any time so long as applicant has not been arrested – Anticipatory bail should not hinge on procedural milestones – Risk management can be taken care of by way of imposing conditions of cooperation, attendance, and non-tampering, not by imposing time limits – Where circumstances change, modification or cancellation may be sought under BNSS, 2023, but expiry clauses inserted at inception are unsustainable – Impugned order passed by High Court set aside. (Paras 13, 16, 17, 25, 26 and 27)
(B) Criminal Procedure Code, 1973 – Sections 437(5) and 439(2) – Grant of bail – Addition of cognizable and non-bailable offences post grant of bail – (i) Accused can surrender and apply for bail for newly added cognizable and non-bailable offences – In the event of refusal of bail, accused can certainly be arrested – (ii) Investigating agency can seek order from court under Sections 437(5) or 439(2) of Cr.P.C. respectively for arrest of accused and his custody – (iii) Court, in exercise of its power under Sections 437(5) or 439(2) of Cr.P.C. respectively, can direct for taking into custody accused who has already been granted bail after cancellation of his bail – Court in exercise of its power under Section 437(5) as well as Section 439(2) respectively can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail – (iv) In a case where accused has already been granted bail, investigating authority on addition of an offence or offences may not proceed to arrest accused, but for arresting accused on such addition of offence or offences it needs to obtain order to arrest the accused from Court which had granted bail. (Para 34)
Facts of the case:
This appeal arises from order passed by High Court of Allahabad dated 07.01.2026 in Criminal Misc. Anticipatory Bail Application No.11038/2025 by which anticipatory bail application preferred by appellant came to be rejected.
Findings of Court:
Registry shall forward a copy of this Order to the Registrar General, High court of Allahabad, who in turn shall place this order before Chief Justice of High Court.
Result : Appeal disposed of.
Based on the provided legal document, the key legal principles and guidelines are as follows:
Continuity of Anticipatory Bail: Once anticipatory bail is granted, it generally remains in effect without a fixed expiration date. The filing of a charge sheet, cognizance being taken, or issuance of summons does not automatically terminate the protection unless specific and compelling reasons are recorded by the court. The duration of anticipatory bail is a matter of judicial discretion and should not be confined by arbitrary time limits (!) .
Scope of Granting Anticipatory Bail: Courts have the discretion to grant or deny anticipatory bail at any stage of the proceedings, regardless of whether the charge sheet has been filed or cognizance has been taken. Once the court exercises its discretion in favor of the accused, there is no valid reason to restrict the grant of anticipatory bail only up to the stage of filing the charge sheet (!) (!) .
Conditions for Anticipatory Bail: Conditions such as cooperation, attendance, non-tampering, and not threatening or promising inducements can be imposed to manage risks during the pendency of anticipatory bail. These conditions serve as safeguards and do not necessitate imposing fixed timelines or expiry clauses (!) .
Effect of Filing of Charge Sheet and Subsequent Proceedings: The filing of a charge sheet or taking of cognizance does not automatically end the protection granted by anticipatory bail. An accused who has been granted anticipatory bail continues to enjoy protection unless the court records specific reasons for cancellation or modification (!) .
Addition of New Offences Post-Bail: When new cognizable and non-bailable offences are added after bail has been granted, the accused can surrender and apply for bail concerning these new offences. If bail is refused, arrest can be effected. The investigating agency can seek court orders for arrest or custody under relevant provisions. The court can also direct the arrest of an accused who was previously granted bail if the added offences are of a graver nature or non-cognizable (!) (!) .
Power to Arrest and Court’s Role: The law does not obligate the police or court to arrest the accused upon filing a charge sheet. Arrest is justified only if necessary for investigation, if the accused is likely to abscond, disobey summons, or if the offence is of a serious nature requiring custodial investigation. The presentation of the accused before the court at the time of charge sheet filing is sufficient, and routine arrest is not mandated (!) (!) .
Duration and Life of Anticipatory Bail: The life or duration of anticipatory bail does not end automatically when the accused is summoned or charges are framed. It can continue until the end of the trial unless specific circumstances warrant its limitation. The court retains the discretion to impose conditions or restrictions if necessary (!) (!) .
Judicial Discretion and Procedural Flexibility: Courts have the authority to modify, cancel, or impose conditions on anticipatory bail based on changing circumstances. Arbitrary time limits are unsustainable, and risk management should be handled through conditions rather than fixed timelines (!) .
Final Disposition: If circumstances change or new offences are added, the court should reassess the case and decide on bail afresh, considering the nature of the offences and the facts. The earlier grant of anticipatory bail does not automatically extend to new offences if they are of a more serious nature (!) (!) .
In summary, anticipatory bail is a flexible judicial tool that should not be restricted by rigid timelines or procedural milestones, and its duration and conditions are subject to the court's discretion, considering the evolving circumstances of the case.
ORDER :
J.B. PARDIWALA & K.V.VISWANATHAN, JJ.
1. Leave granted.
2. This appeal arises from the order passed by the High Court of Allahabad dated 07.01.2026 in Criminal Misc. Anticipatory Bail Application No.11038/2025 by which the anticipatory bail application preferred by the appellant came to be rejected.
3. We heard Mr. Varinder Kumar Sharma, the learned counsel appearing for the appellant and Mr. Ankit Goel, the learned counsel appearing for the respondent-State.
4. It appears from the materials on record that the First Information Report bearing No.560/2024 came to be registered with the Akbarpur Police Station, District Kanpur Dehat, State of Uttar Pradesh for the offence punishable under Section 80(2)/85 BNS and Sections 3 and 4 respectively of the Dowry Prohibition Act, 1961.
5. The appellant before us is the brother-in-law (devar) of the deceased.
6. The deceased was married to the brother of the appellant past 7 months.
7. The deceased died under mysterious circumstances at her matrimonial home. Accordingly, the FIR came to be lodged by the mother of the deceased.
8. The case at hand as alleged seems to be one of dowry death.
9. The appellant before us apprehending arrest had earlier preferred an application before the High Court seeking anticipatory bail being application no.3992/2025.
10. The High Court while granting anticipatory bail passed a very unusual order which reads thus:-
(2) Heard the learned counsel for the applicant and the learned Additional Government Advocate and perused the file.
(3) The applicant's learned counsel argued that the applicant is innocent and has been implicated in the aforementioned sections with malicious intent to harass and intimidate him. He fears that he may be arrested in the aforementioned case, despite the lack of credible evidence against him. The applicant has been accused of the crime simply because he is her brother-in-law. The First Information Report contains no direct allegations against the applicant. The deceased was allegedly beaten and strangled on October 21, 2024, but no complaint was filed at any police station, nor was a medical examination conducted. The deceased committed suicide after staying at her parents’ home for a month. He also stated that the applicant has no criminal history and no coercive proceedings have yet been initiated against him. He further states that the applicant undertakes to cooperate during the trial and investigation and that he will be present at the time required by the investigating agency or the Court and it is assured on behalf of the applicant that he is ready to cooperate in the process of law and he will honestly make himself available before the Court as and when required and he is also ready to accept all the conditions which the Court may impose on him.
(4) The learned Additional Government Advocate argued against the accused anticipatory bail, arguing that the offense committed by the applicant is of a serious nature. Considering the facts and circumstances of the case, there is no sufficient basis for the accused release on anticipatory bail. Therefore, the accused should not be released on anticipatory bail.
(5) It may be stated that in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra, (2011) 1 SCC 694, it has been held by the Hon’ble Supreme court that while adjudicating on an anticipatory bail application, the Court must consider the nature and gravity of the charges, the possibility of the accused fleeing the judicial process and that the Court must carefully evaluate all the material available against the accused and also consider the actual role of the accused.
(6) In the
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