The Rajasthan High Court has ruled that an accused who was granted bail for bailable offences cannot continue to enjoy that relief if a graver non-bailable offence is subsequently added during the investigation. The Court dismissed a petition challenging the cancellation of bail and upheld the order passed by a Bharatpur court.
Background of the Case
The dispute arose from FIR No. 217/2020 registered at Nadbai Police Station in Bharatpur district. Initially, after investigation, the police found only bailable offences to be made out against the petitioners. They were accordingly released on bail under the provisions applicable to bailable offences.
However, during the course of the proceedings, an offence under Section 452 of the Indian Penal Code, relating to house trespass after preparation for assault, was added. Since the offence is non-bailable, an application was moved seeking cancellation of the earlier bail.
The Special Judge, SC/ST Cases, Bharatpur, allowed the application on 4 January 2023, leading the petitioners to approach the High Court.
Before the High Court, the petitioners argued that bail granted for bailable offences should continue despite the later addition of a non-bailable charge.
Rejecting this contention, Justice Anoop Kumar Dhand referred to decisions of the Supreme Court and earlier Rajasthan High Court judgments dealing with similar situations.
The Court observed,
“The benefit of bail granted to the accused for bailable offences cannot be allowed to continue and the same is liable to be cancelled on addition of graver/non-bailable offence.”
Relying on precedents including Prahlad Singh Bhati v. NCT of Delhi and Pradeep Ram v. State of Jharkhand, the Court noted that when the nature of allegations changes because a more serious offence is added, the accused cannot automatically claim continuation of the earlier bail granted for lesser offences.
Holding that the legal position is already well settled, the High Court found no illegality in the order passed by the trial court cancelling the petitioners' bail after the addition of a non-bailable offence.
“The law in this regard is well-settled,” the Court observed while refusing to interfere with the impugned order.
Accordingly, the petition was dismissed, and all pending applications were also disposed of.
Case Details
Case Title: Arun Singh & Anr. v. State of Rajasthan & Anr.
Case Number: S.B. Criminal Miscellaneous (Petition) No. 213/2023
Judge: Justice Anoop Kumar Dhand
Decision Date: 25 May 2026
