Anticipatory bail

swarada (Querist) 08 March 2013 This query is : Resolved
sir,
I had filed an anticipatory bail in the sessions court.complainant is a woman 20yrs and has lodged a false complaint against her mother in law( app no 2) father in law(app no 1) and her husband (app no 3 ) 498a against all and additional 376 against father in law.
for the same interim bail was granted to applicants no 2 and 3 and court issued notice to pp whereas for applicant no 1 there was no notice issued to pp and the same was rejected before the final hearing.
in present circumstances is second anticipatory bail application in sessions court maintainable ?

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Rajeev Kumar (Expert) 08 March 2013
No you should file AB in Highcourt.

Kiran Kumar (Expert) 09 March 2013
the application is maintainable, but maintainability does not mean that you will be granted bail.

there is no likelihood of change of circumstances in such cases or to put differently, there are lesser chances of change of circumstance.

the Sessions court will rather dismiss the Second ABP outrightly, better approach HC

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 March 2013
Once rejected than not easy to get bail from same court.

HC will be costly and only if case has strong merit than only expect relief.It will depend on the advocate also and details of the FIR where they may be contradiction which has to be properly AND LEGALLY pointed out to the court.

Normal way is to get bail in lower court after surrender

Very recent SC judgement for mediation efforts in such matters may help for the court to take lenient view.

V R SHROFF (Expert) 09 March 2013
Try at High Court for AB

Entire India and News/ media, and Political & international Pressure against RAPIST.

SO ON THIS WOMEN'S DAY, IT LOOKS TO BE IMPOSSIBLE TO GET ANTICIPATORY BAIL, Though we understand, the charges looks to be false.
Cheapest and best way is to get bail in lower court after surrender, as suggested by "ADVOCATE DEFENSE"