Provision for grant of anticipatory bail is laid down in Section 438 of the Cr.P.C. Anticipatory bail can be granted where arrest is apprehended in a non-bailable offence. The power to grant anticipatory bail has been vested in Sessions Court and the High Court.
If the application for the grant of anticipatory bail has been rejected by the Sessions Court, it is possible to file another application for the grant of anticipatory bail before the High Court. There is no restriction or prohibition under law for doing that.
What is the probability or chance of getting anticipatory bail in such situation, would depend upon the merits and facts of the case. There are many cases wherein the High Court granted anticipatory bail even after a similar application had been rejected by the Sessions Court. Likewise, there are many cases wherein application for the grant of anticipatory bail was rejected by the High Court in similar situations. So, it depends all on the facts and merits of an individual case.
However, as mentioned above, there is no prohibition under law for filing an application for anticipatory bail before the High Court after the application for anticipatory bail was rejected by the Sessions Court. In fact, you can even approach the Supreme Court for grant of anticipatory bail by filing an SLP against the decision of the High Court rejecting such application.
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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