Anticipatory bail is a legal provision that allows a person to seek pre-arrest bail in anticipation of being implicated in a criminal case.
I am Supriya Gill, a lawyer and in this article, we will discuss the grounds for the rejection of anticipatory bail in a 498A case.
This article aims to provide an overview of the grounds on which anticipatory bail can be rejected in cases related to Section 498A of the IPC and the legal provisions that govern such rejections.
The decision to grant or reject anticipatory bail lies with the court, and each case is decided on its own merits. The anticipatory can be rejected on some grounds such as a previous history of domestic violence, the possibility of the accused influencing witnesses or obstructing justice, etc.
To know more about the grounds for rejection of anticipatory bail in detail, read the full article.
What is anticipatory bail and how it works?
Anticipatory bail is a provision that allows a person to seek bail in anticipation of arrest.
This means that an individual who fears being arrested for a non-bailable offence can apply for anticipatory bail, which, if granted, would protect them from being taken into custody.
The concept of anticipatory bail is aimed at protecting innocent persons from harassment and unnecessary detention by the police.
It allows individuals to approach the court for protection against any potential harassment or wrongful arrest.
To apply for anticipatory bail, the individual must file an application before the competent court with the help of a lawyer.
The application for anticipatory bail under 498A must include the reasons for seeking bail, the details of the case, and any supporting documents or evidence.
If the court is satisfied that the reasons given in the application are valid, it may grant anticipatory bail.
Anticipatory bail is not a guaranteed right, and the court has the discretion to reject an application if it deems it necessary.
The granting of anticipatory bail does not mean that the individual is exempt from appearing in court or cooperating with the investigation.
If the individual fails to appear in court or cooperate with the investigation, the bail may be cancelled, and the individual may be arrested.
Grounds for rejection of anticipatory bail in 498A cases
There are certain grounds for rejection of anticipatory bail in 498A cases. Some of the common grounds include:
- Prima Facie Evidence of the Offense: If there is prima facie evidence of the offence, then anticipatory bail can be rejected. In cases related to 498A,
if the court finds credible evidence of the accused’s involvement in the alleged offence, anticipatory bail may not be granted.
Prima facie evidence refers to the evidence that is sufficient to establish a case or prove a fact unless it is rebutted by other evidence.
- Lack of credible evidence: If the court finds that there is insufficient or lack of credible evidence to substantiate the allegations, it may reject the bail application.
- Non-cooperation with the investigation: If the person seeking anticipatory bail is found to be non-cooperative with the investigation, the court may reject the bail application.
- Previous history of domestic violence: If the person seeking anticipatory bail has a previous history of domestic violence or has been charged with similar offences in the past, the court may reject the bail application.
- Likelihood of absconding or tampering with evidence: If the court finds that there is a likelihood that the person seeking anticipatory bail may abscond or tamper with evidence, it may reject the bail application.
- Possibility of influencing witnesses: If the court finds that there is a possibility that the person seeking anticipatory bail may influence or threaten witnesses, it may reject the bail application.
- Public interest: The court may reject the bail application if it deems it to be against the public interest or if it feels that granting bail would undermine the authority of the law or the criminal justice system.
Note: These grounds for rejection are not exhaustive and the court has the discretion to reject bail based on other factors as well.
Judgements on Anticipatory bail in 498A cases
1. Prem Shankar vs State of Bihar 2021
This case was decided by a divisional bench of the Supreme Court.
The Judgement deals with that an absconder or proclaimed offender is not entitled to relief of anticipatory bail.
Facts of the case: The appellant filed F.I.R. against the accused for the offences punishable under Sections 406, 407, 468, and 506 of the IPC.
A warrant of arrest was issued by the Chief Judicial Magistrate. Thereafter the accused is absconding and concealing himself to avoid a service warrant of arrest.
Then CJM issues a proclamation against the accused under Section 82 of the CrPC.
The accused filed an anticipatory bail application before the Trial Court.
The Trial Court dismissed the anticipatory bail application on the ground that the accused is absconding and even the proceedings under Section 82/83 of the CrPC have been issued. The accused is not entitled to anticipatory bail.
Thereafter the accused approached the High Court which granted the anticipatory bail.
The counsel for the appellant submitted that the High Court has committed a grave error in allowing the anticipatory bail application.
The Hon’ble Supreme Court quashed this order passed by the Patna HC.
2.Ravikant Srivastava vs State of Jharkhand & Anr. 2022
In this Judgement, the Hon’ble Supreme Court give direction to the High Courts not to impose arbitrary and unreasonable conditions while granting anticipatory bail.
Although it is the discretionary powers of the Court to grant bail and impose conditions while granting bail, but such conditions should be “Reasonable.”
3. Pooran Singh vs State of Delhi
The Hon’ble Delhi High Court held that recovery of streedhan is no ground to arrest a person for an offence under Section 498A and 406 of the IPC. The accused is entitled to anticipatory bail.
What to do in case of Rejection Of Anticipatory Bail In 498A?
If anticipatory bail has been rejected in a 498A case, it means that the accused may be arrested by the police. Here are some things you can do:
- Seek Legal Advice: It is always advisable to seek legal advice from a lawyer who specializes in criminal law. They can guide you on the legal options available to you and help you to build a strong defence.
- Approach the High Court: If the anticipatory bail has been rejected by the lower court, you can approach the High Court to seek relief. The High Court may grant bail based on the facts and circumstances of the case.
- Collect evidence: If you are accused of a false 498A case, you should collect evidence to prove your innocence. This could include witness statements, audio recordings, or any other relevant evidence that can be used to support your defence.
- Cooperate with the Investigation: It is important to cooperate with the investigation and follow the legal process. This can help to establish your credibility and strengthen your case.
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