Anticipatory bail for robbery and BNS

633 votes

yes they will be entitled to get bail since the first accused is on bail. you can file application before district staying the change of circumstance normally it would take two weeks for allowing the application

Advocate Ahammed Faisal LawRato

700 votes

you can approach for anticipatory bail in this crime before district court and High court. Anticipatory bail is granted based on the facts of your case and the applicable sections. You only mentioned the fir number in this query.

Advocate Neeraj T Narendran LawRato

907 votes

Statutory Bail (also known as Default Bail): The first accused getting statutory bail means that the investigating agency (usually the police) failed to complete the investigation and file a charge sheet within the legally specified time limit. This is a right that accrues to the accused under Section 167(2) of the Code of Criminal Procedure (CrPC). The court is obligated to grant bail if this condition is met. * Anticipatory Bail: The second and third accused getting anticipatory bail signifies that they approached the court with an apprehension of being arrested for a non-bailable offense. The court, after considering various factors such as the nature and gravity of the accusations, their past criminal record (if any), the possibility of them fleeing from justice, and the likelihood of them tampering with evidence, granted them bail in advance of any arrest. This allows them to remain free unless and until the bail is cancelled by a court. Key Differences and Implications: * Timing: Statutory bail is granted after an accused is taken into custody and the investigation isn't completed within the stipulated period. Anticipatory bail is granted before an arrest is made. * Grounds: Statutory bail is primarily based on the investigating agency's failure to meet the deadline for filing the charge sheet. Anticipatory bail is granted based on the court's discretion after assessing the merits of the application and the likelihood of the accused misusing their freedom. * Nature of Right: The right to statutory bail arises due to the inaction of the investigating agency within a specific timeframe, making it a somewhat automatic right once the conditions are met and claimed by the accused. Anticipatory bail is a discretionary power of the court. * Current Status: The first accused is out on bail because of a procedural lapse in the investigation. The second and third accused are also out on bail, but because the court has proactively ordered that they should not be arrested (subject to any conditions imposed in the anticipatory bail order). So, in summary, all three accused are currently out on bail, but for different legal reasons and at different stages of the process. The first accused's release is due to a delay in the investigation, while the second and third accused's release is due to a court order preventing their arrest in the first place.

Advocate Sabir N.S LawRato