• Steps to take after accused gets anticipatory bail

Before I ask the question,the following facts need to be considered-
1.There is a fake fire safety training institute functioning from our house given on rent,without any approval/recognition/affiliation to any recongised body.
2.It issues degrees & diplomas by its own admission on its webpage & prospectus & falsely claims itself to be BIS certified.
3.I lodged an FIR with the Police,but that was ignored & the Police,in a bid to save the accused lodged an FIR under sections 420,467,468,471 & 34 IPC.
4.The Police wishes to botch up the investigation & is not presenting the certificates issued from the institution to the court at the anticipatory bail hearing.
5.I presented all the documents that prove that there is no recognition/affiliation/approval to the Police,but the Police has not sent that to court & IS NOT GIVING ME ACKNOWLEDGEMENT OF ITS RECEIPT.
6.At the last hearing,that Police has said in its CD report that the interrogation is completed but mentioned that its a fake institution & that investigation is going on.
7.The accused probably bribed my lawyer,& my lawyer too didnt present the documents before the court,inspite of my requests to do so.
8.Now a condtional anticipatory bail has been granted.I had opposed the bail as the respondent in the case.
My question is-
1)The bail granted looks most undeserving to me,had all the documents come before the court arrest could well have been ordered,what should I do next?Should I file a complaint case or a writ petition or challenge the bail(& where should I do it?)?What are the pros & cons of each option?
2)What happens to the case lodged against the accused now?How do I bring the matter to the notice of the trial court,considering the fact that the police is going to be unsupportive & the accused may try & manipulate at the court where the case is going on(SDJM COURT).The police has lodged the case & the matter is between the Police & the accused who are helping each other.
Asked 8 years ago in Criminal Law
Religion: Hindu

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6 Answers

1. If the charge sheet has been framed and the court is satisfied, it may enlarge the petitioner on bail, so there is nothing unusual in this.

You are talking about all those things which are to be taken up during trial and not during bail application hearing.

2. If you have lodged a complaint, then you must wait for the charge sheet to be filed. The details of investigation and charges framed will be known only then. If you suspect foul lay or support by police in order to escape him from serious offences or charges, you may file a petition before the trial court for re-investigation on the lines of the evidences in your possession as well as a complete investigation based on your complaint under section 173(8) cr.p.c.

Your lawyer cannot induce police to frame charges as what you say or he will be able to produce documentary evidences before court on your behalf since you are just a defacto complainant and the police will only prosecute the case on behalf of state where you have lodged the complaint.

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

1. You can challenge the AB beofre th higher court. The higher court is high court if AB is granted by sessions court or Supreme if bail is granted by high court.

2.Howeevr do note that mere prima facie establishment of allegations does not warrant arrest of the accused person. If there is change of their abscondance or tampering with evidence then bail is rejcted.

3. Since in your case the allegations are of serious nature I may advise you to file bail cancellation petition on non consideration of vital factors of this case,

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) don't challenge release of accused on anticipatory bail

2) high court would not ordinarily set aside order of trial court releasing accused on AB

3) wait for police investigations to be completed and charge sheet filed

Ajay Sethi
Advocate, Mumbai
99835 Answers
8148 Consultations

1. i think that you should file a petition before the high court in person. in person means you should appear personally before the court without any advocate and place all the facts.

2. high court shall recall status report from the magistrate and investigation report from the IO or SP of the city.

3. in this type of matter high court takes stringent action if petitioner appear in person.

4. no need to file a complete petition. you can state all the facts in serial order and just place it before the high court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You cannot directly approach high court or any court without being a party to any case.

If you are a party to any case then you may have to follow the procedure meant for deposing evidence.

Since you are not directly involved in this case either as a complainant or as a witness, the court may not entertain your statement or evidence

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

You have already filed these documents before IO

2) in the charge sheet filed by police these documents would be enclosed

3) if police do not carry out proper investigation file protest petition for reinvestigations

4) you can file application before trial court to engage lawyer to assist the prosecution

5) see to it that true facts are brought to knowledge of trial court during trial

Ajay Sethi
Advocate, Mumbai
99835 Answers
8148 Consultations

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