Under Indian law, an aggrieved person who wishes to seek the cancellation of anticipatory bail granted to an accused under Section 438 of the Code of Criminal Procedure (CrPC), 1973, can take the following steps:
1. Right to File Application
An aggrieved person (e.g., a complainant or victim) can move an application before the appropriate court for the cancellation of anticipatory bail if there are valid and justifiable grounds to do so. The application is usually filed:
- In the High Court or Court of Sessions, which granted the anticipatory bail.
- In exceptional circumstances, in the Supreme Court if the matter demands its intervention.
2. Grounds for Cancellation
Anticipatory bail may be canceled if:
- The accused has misused the liberty granted by the bail, such as tampering with evidence or intimidating witnesses.
- The accused has committed any other criminal act after obtaining bail.
- The accused failed to comply with the conditions imposed by the court while granting bail.
- There was material suppression of facts or misleading information at the time the anticipatory bail was granted.
- Fresh or critical facts/evidence have come to light that necessitates the arrest of the accused.
3. Drafting the Application
The aggrieved person or their legal counsel must draft an application providing:
- Facts of the case: A brief summary of the case and how the accused is involved.
- Reasons for cancellation: Mention specific instances of misuse, non-compliance, or new developments warranting the cancellation of bail.
- Attach relevant documents: Supporting evidence (such as witness statements or FIR copies) should accompany the application.
4. Filing the Application
The application must be filed in the court that has the authority to hear and decide the case:
- Generally, the court that granted the anticipatory bail will have jurisdiction.
- However, a higher court (such as the High Court or Supreme Court) can also entertain the application depending on the complexity or gravity of the situation.
5. Court Proceedings
Once the application is filed:
- Notice to the Accused: The court will typically issue a notice to the accused to appear and respond to the allegations.
- Hearing: The court will hear arguments from both sides — the aggrieved person seeking cancellation and the accused opposing it.
- Decision: After evaluating the evidence and circumstances, the court may:
- Cancel the anticipatory bail, directing the police to arrest the accused.
- Reject the application if it lacks merit.
6. Legal Assistance
It is advisable to seek the assistance of a legal professional to prepare the application and argue the case effectively.
Important Legal Considerations
- Case Law Support: Refer to relevant judgments where anticipatory bail was canceled under similar circumstances (e.g., Gurbaksh Singh Sibbia v. State of Punjab and Dolat Ram v. State of Haryana).
- Fair Hearing: The accused must be given an opportunity to be heard before the bail is canceled
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