Divij 24 July 2025

Bail application

Respected seniors,

In a case of session trial, the accused has been granted anticipatory bail by the sessions court, is it mendatory for filing regular bail after the chargesheet has been filed in the court ?

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5 Replies

Advocate Bhartesh goyal (advocate) 24 July 2025

No, accused need not to get again bail after filing of chargesheet. Accused bail order will be in force and effect until cancelled by the court.

Dr. J C Vashista (Advocate ) 24 July 2025

Anticipatory bail shall be treated as "bail" when charge-sheet has been filed.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 July 2025

In Indian criminal procedure, anticipatory bail is granted under Section 438 of the CrPC to protect an individual from arrest before they are formally charged.

Once the chargesheet is filed, the situation changes slightly, but it doesn't automatically require the accused to apply for regular bail.

Here’s how it typically works:

If the anticipatory bail order includes protection even after the filing of the chargesheet, and the court has not imposed any condition requiring regular bail, then filing for regular bail may not be mandatory.

However, in some cases, courts may direct the accused to seek regular bail after the chargesheet is filed, especially if the anticipatory bail was granted for a limited period or with specific conditions.

Ultimately, it depends on the wording of the anticipatory bail order and the discretion of the court handling the trial. If you're navigating this situation personally or professionally, it’s wise to consult with a legal expert who can interpret the bail order in context.

T. Kalaiselvan, Advocate (Advocate) 25 July 2025

Once granted, anticipatory bail remains in effect until the trial's conclusion, unless the court sets a specific time limit.

If anticipatory bail is granted and remains in effect, there is no need for the accused to apply for a regular bail.

The distinction between an ordinary bail and anticipatory bail is that the former being after arrest means release from custody of police, the latter being in anticipation of arrest is effective at the very moment of arrest.