If anticipatory bail is rejected, can it be filed again?

Asked 28-Sep-2022
Viewed 113 times

0

If anticipatory bail is rejected, can it be filed again?


1 Answer


0

If your anticipatory bail is rejected, can you file it again?

The specifics of your situation will determine the response to this inquiry. If you have been arrested and are in police custody, you cannot file for anticipatory bail again. However, if you have not been arrested but are merely under investigation, you can file for anticipatory bail again.

The main difference between the two situations is that, in the latter, you have not been arrested and so there is no need for you to be granted bail. Instead, the court merely allows you to remain free while the investigation is ongoing.

There are certain situations in which the court may reject your anticipatory bail application even if you have not been arrested. For example, if the court feels that there is a strong likelihood that you will commit the offense if released on bail, it may reject your application.

However, even if your anticipatory bail is rejected, you can still file for regular bail. This is because, unlike anticipatory bail, regular bail is not dependent on the court's assessment of your risk of committing the offense. Instead, it is based on whether or not you can provide the court with a surety (a person who agrees to pay the bail amount if you fail to appear for your trial).

If anticipatory bail is rejected, can it be filed again?

If you are granted regular bail, you will be released from custody until your trial. If you are found guilty, you will have to pay the bail amount. If you are found not guilty, you will be released and the bail amount will be returned to you.

If you are granted anticipatory bail, you will be released from custody only until the investigation is complete. If you are found to be the prime suspect in the case, you will be arrested and will have to await trial in custody.

Thus, if your anticipatory bail is rejected, you can still file for regular bail.