Shruti Mishra 08 May 2020

Bail on grounds of u/s 209 crpc

Once session court after that High court reject bail u/a 420, 406, 467,468,471 of an accused. Than accused filed another bail application before the session on grounds of u/s 209 he can do so? if yes than session court is allowed to grant the bail if bail is already rejected by High court?

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3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 08 May 2020

Hello,

You can file fresh bail application before trial court if high court reject bail application.

Adv Rohit Dalmia 9324538481 (Lawyer) 08 May 2020

Helo!

Second Bail application is maintainable only if there is changed in the circumstances. otherwise not.

"In the case of Ramgopal v. State of Rajasthan, 1983 Cr.L.R. (Raj.) p. 217 = 1983 RLW 270, the said question was considered and after discussion, it was held that on change of circumstances, subsequent or Second Bail Application Under Section 438 Cr.P.C. is maintainable."