Answer By law4u team
Yes, anticipatory bail can be cancelled even after it has been granted by the court. In India, anticipatory bail under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier CrPC) is a discretionary relief, and it can be withdrawn or cancelled if conditions are violated or circumstances change. 1. Who can cancel anticipatory bail The same court that granted bail can cancel it A higher court (High Court or Supreme Court) can also cancel it on appeal 2. Grounds for cancellation Anticipatory bail may be cancelled if: The accused misuses the liberty granted (for example, threatens witnesses or tampering with evidence) The accused violates bail conditions imposed by the court The accused does not cooperate with investigation New strong evidence emerges after bail is granted The accused commits another offence while on bail The bail was obtained by hiding facts or misleading the court 3. Legal principle Courts have held that bail is not a licence to obstruct justice. If the purpose of bail is defeated, it can be revoked. 4. Procedure for cancellation Police or complainant can file an application for cancellation Court will issue notice to the accused Both sides are heard Court may cancel bail and order arrest 5. Important distinction Granting anticipatory bail = protection from arrest Cancellation of anticipatory bail = protection removed, accused can be arrested again In summary: Yes, anticipatory bail is not permanent. It can be cancelled if misused, violated, or if new circumstances justify arrest.
