anticipatory bail

This cannot be the ground for bail at all.

You can not just hang around the Court permises or the Police Station and pray for Anticipatory bail. Go for regular bail.

This is not a valid ground. But you can use this point in your arguments.Some Judges may consider this point and some may not. I will try to give u some Judgments soon.

Thanks,

Sreedhar.R

Unless there is parity you will not get bail merely because the other side has got it. But if everything is same or similar e.g. charges, other allegations relating to tampering of evidence, past history of accused etc then you may claim parity.

thank u sirs

may i add to mr. sreedhar and palnitkar that circumstances of the incident  and role of the accused from both side may be relevant considerations for parity. however it can not be claimed as of right.

Why anticipatory bail when the case is at the court and in the pre-cognizance stage. Apply for regular bail as suggested by Assumi.

For regular bail, one has to surrender first.

The court undersections 437 and 439 of Criminal Procedure code is entitled to release an accused on bail if it is satisfied that the accused will  not escapefrom the jurisdiction or he will not tamper the evidence or hamper the prosecution or disturb the investigation. There is no hard and fast rule that when an accused in the  case is released on bail the accused in the counter case should also be released on bail unless the court is satisfied with the requirements stated supra.  

If the cause of action is one and the same in both the cases, then the accused may get anticipatory bail in the counter case also.  However, it is only the left to the discretion of the Magistrate taking the serious of the offence committed.