Court's Permission Needed To Arrest Accused For Offence Added After Grant Of Bail- Hon'ble Apex Court's directions

2026 INSC 1451 

 SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2026 (Arising out of SLP(Crl.)No.1536/2026) 

SUMIT ....Appellant 

 VERSUS 

STATE OF U P & ANR. Respondent(s) 

Para 34:

34. In such circumstances referred to above, we arrive at following conclusions in respect of a circumstance whereafter the grant of bail to an accused, further cognizable and non- bailable offences are added:-

(i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In the event of refusal of bail, the accused can certainly be arrested.

(ii) The investigating agency can seek order from the court under Sections 437(5) or 439(2) of Cr.P.C. respectively for arrest of the accused and his custody.

(iii) The Court, in exercise of its power under Sections 437(5) or 439(2) of Cr.P.C. respectively, can direct for taking into custody the accused who has already been granted bail after cancellation of his bail. The Court in exercise of its power under Section 437(5) as well as Section 439(2) respectively can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail.

(iv) In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it needs to obtain an order to arrest the accused from the Court which had granted the bail.

35. The appeal is accordingly, disposed of.

36. Pending application(s), if any, also stand disposed of.

37. Registry shall forward a copy of this order to the Registrar General, High court of Allahabad, who in turn shall place this order before Hon’ble the Chief Justice of High Court.