One of the specific conditions mentioned in Section 438 of the Criminal Procedure Code for grant of anticipatory bail, which is generally imposed is, “a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer”.
Even if no such condition has specifically been mentioned in the order for grant of anticipatory bail, it is an implied condition that the person on anticipatory bail would not threaten witnesses or complainant.
Therefore, her anticipatory bail may be cancelled if she threatens the witnesses or complainant for the withdrawal of the case. You may report these threats to the police with adequate evidence and request them to move for cancellation of the anticipatory bail, and if they don’t move you can file such application yourself in your capacity as the complainant.
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.
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