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Guidance from the best criminal advocate in kolkata! Blog 1

  • vinayhp99
  • May 3, 2024
  • 1 min read

The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly.  In recent times since the rise of property prices and many civil case coming up by the plaintiff to seek their rights and if the opposite party feels that the plaintiff has good case to win, the opposite party plans and in fact start to file the false and frivolous criminal cases against the plaintiff to put a pressure and this is where the Anticipatory bail becomes a much needed thing (I have been dealing with some cases personally wherein the opposite parties by making the false and forged documents are filing the false criminal cases and trying to harass the plaintiff either to withdraw the present case or settle on their terms) But indeed the legislature in its wisdom have felt the atmosphere going around as many a cases were coming before the courts with the same pattern therefore the present provision of Anticipatory Bail is brought in the Cr.P.C which was not there originally. Apart from false cases, where there are reasonable grounds for holding a person accused of an offence is not likely to abscond or otherwise misuse his liberty while in bail, there seems no justification to require him first to submit to the custody, remain in prison for some days and then apply for bail.

 
 
 

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