16 May 2020

Only allegations disclosing ingredients of offence and not the correctness of allegations is to be considered while issuing process u/s.204 of Cr.P.C.


What has to be considered at the time of issuing process u/s.204 of Cr.P.C.


  • Allegations disclosing ingredients of offence? or
  • the correctness of allegations? or
  • sufficiency of material for conviction?

Submission of the charge-sheet is not a lock gate to seek anticipatory bail

F.I.R. alleging non bailable offence registere - During the course of investigation notices under Section 41(A) of Cr.P.C. have been served upon the accused upon which he has given reply through Email - After completion of the investigation, a charge-sheet against the accused filed in the Court - Court took cognizance and issued summons to accused.

Is application seeking anticipatory bail after filling of chargesheet tenable?

   Submission of the charge-sheet is not a lock gate for the applicant to be enlarged on anticipatory bail.
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