Answer By law4u team
Yes, anticipatory bail can be rejected by the court. Under the Bharatiya Nagarik Suraksha Sanhita, grant of anticipatory bail is a discretionary power of the Sessions Court or High Court, not a right. Common reasons for rejection: Serious nature of offence (e.g., murder, rape, terrorism) Strong evidence against the accused Possibility of absconding or fleeing from justice Likelihood of influencing witnesses or tampering evidence Previous criminal record of the accused Investigation at an early and sensitive stage Abuse of bail protection in past cases Court considerations: Balance between personal liberty and fair investigation Interest of justice and society Need for custodial interrogation Important Supreme Court principle: In Gurbaksh Singh Sibbia v. State of Punjab, the court held that anticipatory bail should be granted or rejected based on facts of each case and not as a routine rule. If anticipatory bail is rejected: The person can approach a higher court (Sessions Court → High Court → Supreme Court in rare cases) The accused may still apply for regular bail after arrest Conclusion: Yes, anticipatory bail can be rejected depending on facts, seriousness of the case, and court discretion.
