Which Court Grants Bail in CBI Cases?

Which Court Grants Bail in CBI Cases in India? – A Complete Legal Guide

Introduction

Bail in a CBI (Central Bureau of Investigation) case is one of the most critical stages of criminal proceedings because such cases usually involve serious offences like corruption, economic frauds, large-scale scams, banking offences, and crimes having national or inter-state ramifications. Unlike ordinary criminal cases investigated by the State Police, CBI cases are dealt with by designated Special Courts, and the hierarchy of courts that can grant bail follows a slightly different and more structured pattern.

For an accused person and their family, one of the most common and urgent questions is: Which court has the power to grant bail in a CBI case? Understanding the correct forum is extremely important because filing a bail application before the wrong court can lead to unnecessary delay and even rejection on technical grounds.

Direct Answer: In a CBI case, bail can be granted by the Special CBI Court, the Sessions Court, the High Court under Section 483 of the BNSS, and in exceptional cases, the Supreme Court of India.

This in-depth and structured guide explains in detail which court grants bail in CBI cases, the legal framework governing such powers, the hierarchy of courts, the types of bail each court can grant, and the practical approach to choosing the correct court.

1. Understanding the Nature of CBI Cases

The Central Bureau of Investigation is India’s premier investigating agency constituted under the Delhi Special Police Establishment Act, 1946 (DSPE Act). The CBI investigates:

Corruption cases against public servants
Major economic offences and banking frauds
High-value corporate scams
Inter-state or international crimes
Cases referred by the Supreme Court or High Courts

Because of the seriousness and public interest involved, Parliament and the judiciary have created a special legal structure for trial and bail in CBI matters.

2. Legal Framework Governing Bail in CBI Cases

Bail in CBI cases is governed primarily by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), read with the DSPE Act and applicable special statutes.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Section 436 – Bail in bailable offences
Section 437 – Bail in non-bailable offences by Magistrates
Section 438 – Anticipatory bail
Section 439 – Bail by Sessions Court and High Court
Section 167(2) – Default bail

(B) Delhi Special Police Establishment Act, 1946

The DSPE Act provides the statutory basis for the CBI but does not lay down a separate bail procedure. Therefore, BNSS provisions apply.

(C) Special Statutes (If Applicable)

If the CBI case is registered under special laws, bail may be subject to stricter conditions:

Prevention of Corruption Act, 1988
Prevention of Money Laundering Act, 2002 (PMLA)
Unlawful Activities (Prevention) Act, 1967 (UAPA)
NDPS Act, 1985
Companies Act, 2013

These special laws may impose additional restrictions or “twin conditions” on bail.

3. What Is a Special CBI Court?

A Special CBI Court is a court designated by the Central Government in consultation with the High Court to try cases investigated by the CBI. These courts are usually presided over by:

A Sessions Judge or
An Additional Sessions Judge

They have exclusive jurisdiction to try CBI cases within their territorial limits and also exercise the power to grant or reject bail in such matters.

4. Which Court Grants Bail in a CBI Case?

(A) Special CBI Court – The Primary Court

Direct Answer: The Special CBI Court is the primary and first court that grants bail in most CBI cases.

When an accused is arrested by the CBI or apprehends arrest, the first bail application is ordinarily filed before the Special CBI Court having jurisdiction over the case.

The Special CBI Court can grant:

Regular bail (after arrest)
Interim bail
Default bail
Anticipatory bail (in some jurisdictions, depending on High Court rules)

It examines:

Gravity of the offence
Stage of investigation
Necessity of custodial interrogation
Risk of absconding
Possibility of tampering with evidence

(B) Sessions Court – In Certain Situations

In some States, Special CBI Courts are constituted as Sessions Courts or presided over by Sessions Judges. In such cases, the Sessions Court itself functions as the Special CBI Court.

Where no exclusive Special CBI Court is notified for a particular district, bail applications may be entertained by the Sessions Court having territorial jurisdiction.

(C) High Court – Under Section 483 BNSS

Direct Answer: The High Court has the power to grant bail in a CBI case under Section 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

If the Special CBI Court rejects a bail application, the accused can approach the High Court. The High Court also has the power to:

Grant regular bail
Grant anticipatory bail
Grant interim bail
Cancel bail granted by lower courts
Modify bail conditions

The High Court independently assesses the merits of the case but generally respects the reasoning given by the Special CBI Court.

(D) Supreme Court of India – In Exceptional Cases

Direct Answer: The Supreme Court can grant bail in a CBI case in rare and exceptional circumstances.

The Supreme Court exercises this power under:

Article 136 of the Constitution (Special Leave Petition)
Article 142 of the Constitution (Complete Justice)

It usually intervenes when:

There is gross miscarriage of justice
Fundamental rights are violated
Prolonged custody without trial
Repeated rejection of bail by lower courts
Extraordinary humanitarian or constitutional issues arise

5. Hierarchy of Courts for Bail in CBI Cases

The normal hierarchy for seeking bail in a CBI case is:

Special CBI Court (First Instance)
High Court (Second Instance)
Supreme Court (Last Resort)

This hierarchy ensures judicial discipline and prevents forum shopping.

6. Which Court Grants Anticipatory Bail in CBI Cases?

Anticipatory bail in CBI cases is governed by Section 482 BNSS.

(A) Sessions Court

The accused can directly approach the Sessions Court (or Special CBI Court, if designated) for anticipatory bail.

(B) High Court

If anticipatory bail is rejected by the Sessions Court or Special CBI Court, the accused can approach the High Court.

Direct Answer: Anticipatory bail in a CBI case can be granted by the Sessions Court or the High Court, depending on the jurisdiction and local court notifications.

Courts are extremely cautious in granting anticipatory bail in CBI matters, especially in corruption and economic offences.

7. Which Court Grants Default Bail in CBI Cases?

Default bail under Section 187(2) BNSS is a statutory right if the CBI fails to file the charge sheet within:

60 days (for offences punishable up to 10 years), or
90 days (for offences punishable with death, life imprisonment, or 10 years or more).

Direct Answer: Default bail in a CBI case is granted by the Special CBI Court or the Magistrate/Sessions Court that has taken cognizance of the case.

The accused must apply for default bail before the charge sheet is filed to avail this right.

8. Which Court Grants Bail After Filing of Charge Sheet?

After the charge sheet is filed, bail is usually sought from:

Special CBI Court (first instance), or
High Court (if lower court rejects bail).

Direct Answer: After filing of the charge sheet, bail in a CBI case is primarily granted by the Special CBI Court, and if rejected, by the High Court.

At this stage, courts are more inclined to grant bail because custodial interrogation is no longer required.

9. Which Court Grants Bail in CBI Corruption Cases?

Most corruption cases investigated by the CBI are registered under the Prevention of Corruption Act, 1988.

Direct Answer: Bail in a CBI corruption case is granted by the Special CBI Court constituted under the Prevention of Corruption Act, and if rejected, by the High Court.

Courts apply stricter scrutiny because such cases involve public trust and misuse of official position.

10. Which Court Grants Bail in CBI Cases Under PMLA, UAPA, or NDPS Act?

In cases involving special laws:

(A) PMLA Cases

Bail is granted by the Special Court under the PMLA
Subject to twin conditions under Section 45 PMLA

(B) UAPA Cases

Bail is granted by the Special Court under UAPA
Subject to restrictions under Section 43D(5)

(C) NDPS Cases

Bail is granted by the Special Court under NDPS Act
Subject to strict conditions under Section 37

Direct Answer: In CBI cases involving PMLA, UAPA, or NDPS Act, bail is granted by the respective Special Court constituted under those Acts, and in appeal or revision, by the High Court or Supreme Court.

11. Practical Approach: Which Court Should Be Approached First?

Step 1: Identify the Nature of the Case

IPC only
IPC + Prevention of Corruption Act
IPC + PMLA / UAPA / NDPS

Step 2: Check the Court with Territorial Jurisdiction

District where FIR is registered
Court notified as Special CBI Court

Step 3: File Bail Before the Special CBI Court

This is the standard first step.

Step 4: Approach High Court If Bail Is Rejected

A fresh bail application can be moved highlighting:

Change in circumstances
Filing of charge sheet
Prolonged custody
Medical grounds

12. Why Filing Bail Before the Correct Court Matters

Filing bail before the correct forum is crucial because:

Wrong forum can lead to dismissal on technical grounds
Delay may worsen custody period
It reflects poorly on defence strategy
Courts discourage forum shopping

A properly chosen forum improves both procedural efficiency and chances of bail.

13. Common Mistakes While Choosing the Bail Court

Filing directly before the High Court without approaching the Special CBI Court
Ignoring territorial jurisdiction
Approaching a Magistrate without jurisdiction
Not checking special law restrictions
Filing multiple bail applications simultaneously

14. Role of the High Court in CBI Bail Matters

The High Court plays a vital role by:

Correcting errors of Special Courts
Ensuring personal liberty is not violated
Interpreting special law restrictions
Laying down guiding principles
Granting relief in exceptional cases

15. Can Bail Orders of Special CBI Court Be Challenged?

Yes. Bail orders of the Special CBI Court can be:

Challenged before the High Court under Section 483 BNSS
Challenged before the Supreme Court under Article 136

Conclusion

Understanding which court grants bail in a CBI case is fundamental to any effective bail strategy. The clear legal position is that bail in a CBI case is primarily granted by the Special CBI Court, and if rejected, the accused can approach the High Court under Section 483 BNSS, and in rare and exceptional circumstances, the Supreme Court of India.

The hierarchy normally followed is: Special CBI Court → High Court → Supreme Court. Anticipatory bail can be granted by the Sessions Court or High Court, while default bail is granted by the court that has taken cognizance of the case. In matters involving special laws like PMLA, UAPA, or NDPS Act, bail is granted by the respective Special Courts constituted under those statutes.

Because CBI cases involve serious allegations and strict judicial scrutiny, choosing the correct court at the right stage is crucial. A strategic, well-informed, and legally sound approach not only saves valuable time but also significantly improves the chances of securing bail. Anyone facing a CBI investigation or prosecution should seek timely legal advice to identify the proper forum and adopt the most effective bail strategy based on the facts of the case and applicable law.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304