Can delay in filing for anticipatory bail be a ground for rejection?

835 votes

Sir

In law, without knowing complete facts of the case, it is not possible to give answer to hypothetical or academic questions. So please provide with the full facts of case.

However, please note, Anticipatory Bail is the discretion of the Court and the Court will grant or refuse Anti bail based on over all consideration of the facts of the case.

While deciding Anti Bail the following aspects are normally considered by the Court

(1) Prima Facie Case against the Accused ;
(2) Role attributed to the Accused
(3) Nature of Offence - in case of grevious offences like murder, rape, public scams etc. court would be slow in granting Anti bail, however less grevioius cases does not mean court will grant anti bail automatically ;
(4) Gravity of offence
(5) Need for custodial interrogation of the Accused ;
(6) Antecedents of Accused ;
(7) availability of accuse during trial etc..

However, the above are not the only aspects which are considered by the Court in deciding anti bail, depending upon the facts and circumstances of each case, the consideration may change.

So far so Delay is concerned, it may not be stand alone ground to reject anti bail, however, if the accused has been absconding for long time and there after such accused files Anti Bail, then the court may reject his anti bail.

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Advocate Vivek Mapara LawRato

922 votes

this cannot be the sole ground for rejection of anticipatory bail. Court verifies that any warrant u/s 70 of CRPC is issued against the accused or any proclamation against the accused is issued or not. Court also consider the fact that accused will be available for the investigation or not. If the applicant has good / sound back ground, such facts are being ignored by the Courts.

Advocate Aftabhusen A Ansari LawRato