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Legal opinion on Anticipatory bail


07-Jun-2024 (In Criminal Law)
One of my friends who was working as Branch Manager accused of theft as cash shortage occurred at ATM machine involving around 11Lacks. His bail application got rejected in both Sessions court and High court,but the co accused got bail in HC. And also police arrested the real theif and he is out on bail after one month in custody. Police has not filed the chargesheet yet.Now my question is what are the options my friend has ? Can he apply fresh bail application on Sessions Court?
Answers (3)

Answer #1
764 votes
1. your friend can once again apply for bail application. 2. police will file a chargesheet against the accused once they complete the investigation. 3. you can apply for bail application in high court only.
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRato Bangalore / Bengaluru | 200+ Answers
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Answer #2
815 votes
Dear Sir, In view of developments that is the actual thief was arrested and out on bail as such your friend who is working as Branch Manager may apply for bail again before Sessions Court and may get bail. Otherwise, he has to wait till charge sheet is filed or not filed as per Section 167 of Cr.P.C.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
865 votes
yes as there are change in circumstances the branch manager can again apply for bail in sessions court and as the real accused person is arrested there are more chances that he will get bail, hence mention all other facts which took place after rejection of bail and plead change of circumstances and apply for anticipatory bail.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRatoBelgaum | 25+ Answers
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