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How to apply for rejection of bail under section 307 IPC


05-Jul-2023 (In Criminal Law)
My father Got injured by Knife. in my village small issue happen one person attempted to kill with knife for My father. in that issue my father was savior injured happen we fight in hospital 3 month for get Recover Health. My Question : We filed Case With 307 IPC Section then Court Ketp in Jail 3 Month who attempted to kill. After 3 months He came back to Home from Jail. and he is trying say i will kill. we went police station they are not taking serious Action. tell me Process to How to cancel Bail for Him. Some body saying to Case will not get Tight. what i need to do he should get punishment he should not escape from case.
Answers (2)

Answer #1
524 votes
Dear,

Have a discussion with the public prosecutor and through him/her file an application seeking cancellation of the bail. Your grounds for cancellation of bail should be strong and assuring. If the court finds merit in your application, the court may order for cancellation of the bail.
Answer #2
995 votes
Hi
Cancellation of bail should be moved Under Section 439(2) of the Code of Criminal Procedure, a High Court or Court of Session.
In general a bail will be cancelled if any of the following grounds are fulfilled:
(1) When the person on bail is found tampering with the evidence either during the investigation or during the trial.

(2) When the person on bail commits similar offence or any heinous offence during the period of bail.

(3) When the person on bail has absconded and trial of the case gets delayed on that account.

(4) When it is alleged that the person on bail is terrorizing the witness and committing acts of violence against the police.

(5) When the person on bail creates serious law and order problems in the society and he had become a hazard on the peaceful living of the people.

(6) When it is found that the subsequent events make out a non-bailable offence or a graver offence.

(7) When the High Court found that there was a wrong exercise of judicial discretion to grant the accused bail.

(8) When the circumstances were proved that the accused has misused the liberty granted to him, it is sufficient ground to cancel bail.

(9) If the life of the accused person on bails itself be in danger.

So you need to get the grounds correct in your bail cancellation application.

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