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What happens if a person is granted anticipatory bail and then commits another offense?

09-Mar-2023
Anticipatory Bail

Answer By law4u team

If a person is granted anticipatory bail and then commits another offense, their bail may be cancelled, and they may be taken into custody. The grant of anticipatory bail is subject to the condition that the person will not commit any offense while on bail, and that they will cooperate with the investigation and appear before the court as and when required. If a person who has been granted anticipatory bail is subsequently accused of committing another offense, the court may take a dim view of their conduct and consider it a breach of the conditions of their bail. In such cases, the court may cancel the anticipatory bail and issue a warrant for their arrest. The court may also consider the new offense while deciding on the grant of regular bail or while deciding the case on its merits. The commission of another offense while on bail may be considered as a negative factor while deciding the grant of bail, and it may also have an adverse impact on the outcome of the case. Therefore, it is important for a person who has been granted anticipatory bail to strictly comply with the conditions of their bail and to avoid committing any offense while on bail.

Answer By Anik

Dear client, If the person after securing the anticipatory bail commits another offense then their legal position becomes significantly weaker. The court give take a significant amount of action and take such conduct seriously, then the individual will face several consequences which follows, Cancellation of bail- the other party, counsel for prosecution can file an application for cancellation of the anticipatory bail under the section 482 of BNSS and the court after proper consideration can cancel the or revoke the anticipatory bail order. The court may further issue a non bailable warrant against the accused. Arrest for the new offence – if the person commits another offence they will be arrested for the new crime under the new section and their anticipatory bail does not protect them from the new crime. The accused person is supposed to apply for new bail for the subsequent offense. Scrutiny by the court – if the person is considered to be habitual offender, then the court may view them as the repeat offender and he may not be granted the bail in the future. Trial for multiple offenses – the accused will face multiple trial proceedings one for the original offense for which he secured the anticipatory bail and another trial for the new offence he committed after securing the anticipatory bail. I hope this answer helps. In case of future queries please feel free to contact us. Thank you

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