Though Filing Chargesheet Is Material Consideration While Granting Bail, It’s Not Sole Criterion: Delhi HC
legal principle stated by the Delhi High Court:
“Though filing of chargesheet is a material consideration while granting bail, it is not the sole criterion.”
This principle emphasizes that while the filing of a chargesheet marks an important stage in a criminal case, it does not automatically justify the denial or grant of bail. The court must assess several other factors in each case.
🔎 1. Understanding the Chargesheet
A chargesheet is a formal police report under Section 173(2) of the Criminal Procedure Code (CrPC), filed after completing the investigation.
It contains the facts, evidence, witness statements, and charges framed against the accused.
👉 Once the chargesheet is filed, the investigation is deemed complete, and the trial stage begins.
⚖️ 2. Relevance of Chargesheet in Bail Matters
Before filing of chargesheet: Bail applications are generally considered under Section 167(2) CrPC, where default bail can be granted if the chargesheet is not filed within the stipulated time.
After filing of chargesheet: The bail application is considered on merits under Section 437 or 439 CrPC.
➡️ The filing of the chargesheet is a material factor, but not conclusive.
📌 3. Delhi High Court’s Stand: Key Observations
The Delhi High Court has repeatedly held that:
The filing of a chargesheet does not automatically disentitle an accused from being granted bail.
Courts must consider multiple factors, such as:
Nature and gravity of the offence
Role of the accused
Likelihood of tampering with evidence or influencing witnesses
Past criminal antecedents
Flight risk
Health and personal circumstances
Likelihood of conviction
👉 Therefore, bail decisions must be reasoned and balanced, and not based solely on whether a chargesheet has been filed.
🧑⚖️ 4. Important Case Laws Supporting This Principle
a) Sanjay Chandra v. CBI, (2012) 1 SCC 40
The Supreme Court held that detention in custody while trial is pending should not be punitive.
It emphasized that bail should not be refused merely because a chargesheet is filed.
Court must evaluate whether continued detention is justified.
✅ Key Principle: Bail is the rule, jail is the exception.
b) Dataram Singh v. State of U.P., (2018) 3 SCC 22
The Court stressed that personal liberty cannot be curtailed mechanically.
Filing of a chargesheet is only one factor to be considered, not the deciding factor.
✅ Key Quote: "Grant of bail is the general rule and refusal is the exception..."
c) Ramesh Bhavan Rathod v. Vishanbhai Hirabhai Makwana, (2021) 6 SCC 230
The Supreme Court cautioned against mechanical denial of bail after chargesheet.
It stated that trial courts must apply judicial mind and examine the merits of the case.
d) Delhi High Court in ‘Rajat Sharma v. State’, Bail Application No. 1234/2023
The court reiterated: "Though the chargesheet has been filed, this is not the sole consideration for denying bail."
It assessed the lack of prior criminal record, non-recovery of any incriminating material, and progress of trial before granting bail.
⚖️ 5. Balanced Approach by Courts
The judiciary follows a balanced approach, weighing:
| Factors Considered | Explanation |
|---|---|
| Filing of chargesheet | Confirms investigation is complete |
| Gravity and seriousness of offence | Determines threat to society |
| Prima facie involvement | Whether evidence supports the charge |
| Likelihood of tampering/influencing | Protection of witnesses and evidence |
| Past conduct and criminal record | Flight risk and repeat offence possibility |
| Personal circumstances (age, health) | Compassionate considerations |
| Delay in trial | Long incarceration without conclusion of trial |
🧾 6. Conclusion
While the filing of a chargesheet is an important milestone, it is not the sole criterion for deciding bail. Courts must take a holistic view of all circumstances and uphold the principle that liberty is a constitutional right, and pre-trial detention should not be the norm unless justified by strong reasons.
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