Source: Delhi High Court

Why in News?

Justice Saurabh Banerjee has observed that filing of chargesheet in a criminal case is not the sole criteria to be taken into consideration while considering the grant of bail to an accused as it has to be coupled with facts and circumstance involved.

• The Delhi High Court gave this judgment in the case of Keshav Prakash Gupta v. State NCT of Delhi.

What is the Background of Keshav Prakash Gupta v. State NCT of Delhi Case?

• While denying bail to a 19-year-old boy in a gang rape case, considering the facts of the case, coupled with the grievousness of the offences and severity of the punishment, First Information Report (FIR) was registered for the offences under Sections 323, 328, 343, 376D, 376(2)(n), 506, 509/l and 120B of the Indian Penal Code, 1860 (IPC).
• The complainant alleged that she was forcefully intoxicated, and her hands were tied-up when the applicant, along with two other co-accused persons, invited others in lieu of money to commit sexual relations with her.
• The counsel submitted and his client was a young boy of around 19 years, had clean antecedents and that there was an inordinate and unexplained delay of around 31 months in registration of the FIR.
• The prosecution opposed the bail plea.
• Dismissing the bail plea, the court observed that though chargesheet was filed in the case, the complainant in both her statements before the police and the magistrate had specifically deposed not only naming the applicant but also attributing a specific role to him.

What was the Court’s Observation?

• Though filing of the chargesheet is a material consideration while granting bail, however, the same is not the sole criterion to be taken into consideration as it has to be coupled with the facts and circumstances involved.

What is a Chargesheet?

• About:
  • A chargesheet, as defined under Section 173 Code of Criminal Procedure, 1973 (CrPC), is the final report prepared by a police officer or investigative agency after completing their investigation of a case.
    • In the K Veeraswami v. Union of India & Others (1991), the Supreme Court ruled that the chargesheet is a final report of the police officer under Section 173(2) of the CrPC.
  • A chargesheet must be filed against the accused within a prescribed period of 60-90 days, otherwise, the arrest is illegal, and the accused is entitled to bail.
• Chargesheet Should Contain:
  • Details of names, the nature of the information, and offences. Whether the accused is under arrest, in custody, or has been released, whether any action was taken against him, these are all important questions answered in the chargesheet.
• Procedure after Filing the Chargesheet:
  • After preparing the chargesheet, the officer-in-charge of the police station forwards it to a Magistrate, who is empowered to take notice of the offences mentioned in it so that the charges can be framed.