ON HOW TO PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL
Querist :
Anonymous
(Querist) 14 May 2011
This query is : Resolved
FIR has been registered against the accused for charges of Cheating ( section 420 of IPC).
Accused has now applied for anticipatory bail. Despite case being registered for the offense almost 40 days ago, no investigations could take place so far, as though police has been calling accused to the Police Station, the accused has not reported to Police so far, and now under the fear of arrest, has applied for anticipatory bail, hearing of which is going to take place about 45 days after the FIR has been registered.
QUESTION IS CAN THE COMPLAINANT PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL? AND IF YES, THEN HOW HE SHOULD PROCEED?
Guest
(Expert) 14 May 2011
SIR,
KINLDY NOTE THAT.
1 AN ANTICIPATORY BAIL APPLICATION MAY BE FILED BY ACCUSED TO SESSIONS COURT /HIGH COURT.
2.COMPLAINENT CAN FILE VAKALATNAMA OF HIS ADVOCATE TO OPPOSE THE SAID ANTICIPATORY BAIL APPLICATION AND CAN ALSO FILE AFFIDAVIT IN THE SAID CRIMINAL APPLICATION FOR ANTICIPATORY BAIL.
COURT WILL HEAR ALL SIDES AND PASS JUST AND PROPER ORDER.GOOD LUCK.
adv. rajeev ( rajoo )
(Expert) 14 May 2011
You cannot curtail the right of the accused to get the anticipatory bail. If he has applied for the anticipatory bail then you have to meet the Public Prosecutor to give the necessary information because he rely on only the police records. And request him to maximum effort to dismiss the bail application. He may demand from you.
