Can victim apply for cancellation of bail of the accused?

Tilak Marg Forum for Legal Questions Forums Criminal Law Can victim apply for cancellation of bail of the accused?

Tagged: 

Viewing 1 reply thread
  • Author
    Posts
    • #1690
      Anonymous
      Guest

      I had filed a case against a person under Section 354, 307 IPC. He was arrested and then released on bail. Now he is threatening me and asking me to compromise the case. I am not willing to compromise the case. I reported to police about his threats, but police appears to be favouring the accused. My advocate tells me that the bail of the accused can be cancelled on this ground. Can I file application to court for cancellation of his bail since police is not doing anything for this? Can my advocate appear for this purpose?

    • #1703

      One of the main conditions imposed on grant of bail is that the accused on bail will not threaten the witnesses. In this case, you have said that the accused is trying to threaten you to force you for compromising the case. If you have evidence of such threats, then it may become a fit case for cancellation of bail granted to the accused.

      Yes, you as a victim (and, it appears that you are also the complainant) can file an application before the court which granted the bail, for cancellation of bail. You may engage a private advocate for this purpose. You’ll also have to make the State also a party (through the police station concerned).

      At the same time, it may be advisable to convince the police to file such an application since that may perhaps carry more weight. If the local police station is not helping you in this regard, you can complain to the senior officers of police.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

Viewing 1 reply thread
  • The forum ‘Criminal Law’ is closed to new Questions and replies.

You may also like to read these topics:

Circumstances change in a bail order
BAIL AFTER UPHOLDING VERDICT OF TRIAL COURT BY HC
What documents can be procured from court for applying a bail?
Cancellation of Bail by Sessions Court when bail was granted by High Court