When Can an Anticipatory Bail Get Cancelled?
An anticipatory bail can be cancelled under certain circumstances, primarily when the conditions set by the court are violated or when new information emerges that alters the initial assessment of the case. Here are the key grounds for cancellation:
1. Violation of Bail Conditions:
This is the most common ground for cancellation. If the accused violates any of the conditions imposed by the court, such as:
- Reporting requirements: Failing to report to the police station as instructed.
- Travel restrictions: Leaving the designated jurisdiction without permission.
- Contact restrictions: Approaching witnesses or influencing the investigation.
- Restrictions on communication: Engaging in activities that may tamper with evidence.
2. Emergence of New Information:
If new information comes to light that significantly changes the perception of the case, the court may consider cancelling anticipatory bail. This may include:
- Discovery of new evidence: Unearthing crucial evidence that strengthens the prosecutionâs case.
- Change in circumstances: The accusedâs behavior or actions increasing the risk of flight or witness intimidation.
- Misrepresentation of facts: Providing false or misleading information during the initial application.
3. Abuse of Bail:
If the court finds that the anticipatory bail is being used for improper purposes, such as:
- Obstructing the investigation: Engaging in activities that hinder the investigation or intimidate witnesses.
- Harassing victims or witnesses: Threatening or engaging in activities that intimidate or cause harm to the victim or witnesses.
- Committing new offenses: Engaging in criminal activities while on anticipatory bail.
4. Public Interest:
In exceptional cases, where the court believes that granting anticipatory bail poses a serious threat to public order or jeopardizes the interests of justice, it may be cancelled.
5. Failure to Appear for Trial:
If the accused fails to appear for trial without a valid reason, the court can revoke anticipatory bail and issue an arrest warrant.
Procedure for Cancellation:
The procedure for cancelling anticipatory bail involves:
- Application by the prosecution: The prosecution must file an application with the court stating the grounds for cancellation.
- Hearing: The court will hear arguments from both the prosecution and the defense before deciding whether to cancel the bail.
- Order: The court will issue an order either upholding or cancelling the anticipatory bail.
Right to Appeal:
The accused has the right to appeal against the cancellation of anticipatory bail in a higher court.
Itâs important to note that cancelling anticipatory bail is a serious matter, and the court will only do so after careful consideration of all relevant factors.
What is Anticipatory Bail? Conditions, Safeguards â UPSC Notes
Anticipatory Bail is a legal provision that allows an individual anticipating arrest for a non-bailable offense to seek bail in advance. Pre-arrest bail is granted under section 438 of the Code of Criminal Procedure, 1973. This unique provision permits a person to apply for bail before the police arrest them. However, specific eligibility criteria must be met to qualify for this type of bail. Only the High Court and Sessions Court can grant anticipatory bail.
Table of Content
- What is Anticipatory Bail?
- Anticipatory Bail Section
- Legal Framework of Anticipatory Bail
- Eligibility for Anticipatory Bail
- Procedure to Obtain Anticipatory Bail
- Anticipatory Bail vs Regular Bail
- Cases and Precedents
- Advantages and Limitations of Anticipatory Bail
- Anticipatory Bail Cost
- How Does Anticipatory Bail Protect People?
- When Can an Anticipatory Bail Get Cancelled?
This article explains anticipatory bail, covering its meaning, provisions, conditions, relevant legal sections, associated costs, and more.
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