Victim opposing grant of anticipatory bail order by Sessions Court

Tilak Marg Forum for Legal Questions Forums Criminal Law Victim opposing grant of anticipatory bail order by Sessions Court

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    • #5593
      Anonymous
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      On my complaint, FIR was registered by police. I learnt that the Sessions Court has granted anticipatory bail to the accused person on an interim basis and the hearing for grant of regular anticipatory bail is still going on. Can I oppose the anticipatory bail being granted to the accused as a victim of the case, and if so, on what grounds?

    • #5613

      As victim / complainant of the offence, you can oppose grant of anticipatory bail to the accused person by the Sessions Court when the issue of granting him regular anticipatory bail comes up.

      And, if the Sessions Court still decides to grant him regular anticipatory bail, you can even approach the high court against such order, if you so wish.

      Grounds on which you can oppose the grant of anticipatory bail will generally depend on the facts of the case concerned. However, some of the grounds on which you can oppose the grant of anticipatory bail may perhaps be as under:

      (i) the nature and gravity of the offence, if the offence is serious;

      (ii) the antecedents of the accused;

      (iii) the possibility of the accused to flee from justice;

      (iv) the possibility that the accused is not likely to cooperate for interrogation by a police officer as and when required;

      (v) the possibility that the accused is likely to, 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;

      (vi) the possibility that the accused may destroy or conceal the relevant documents;

      (vii) the possibility that the accused may leave India without the previous permission of the court.

      Of course, all of these grounds may not be relevant to your case. So, use whatever grounds are relevant. And, also other grounds which may be peculiar to your case, depending on the facts and circumstances of your case.

           


      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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