cpc

intervening application to oppose bail application by accuse

Managing Director

I am a victim / complainant in a case. want to file intervening application in sessions court to oppose the grant of Bail by the Accused who has filed Anticipatory Bail. Kindly let me know the appropriate correct section of Criminal Procedure Code under which I can file such Intervening Application. Thanks.

 
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Lawyer

Originally posted by : RAMESH KISANI
I am a victim / complainant in a case. want to file intervening application in sessions court to oppose the grant of Bail by the Accused who has filed Anticipatory Bail. Kindly let me know the appropriate correct section of Criminal Procedure Code under which I can file such Intervening Application. Thanks.

You can oppose the bail of accused orally.

 
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Advocate

In such a case, what matters are the facts, not the law or its provisions.

 
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CEO

If you are really serious about the case you had better appoint an advocate. 

 
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in 438CrPC - Anticipatory bail - the bail is rule and jail is exception

Incarceration is cannot be punishment, unless the allegations have been proved

Bail can be opposed

1. Based on gravity of accusation

2. antecedents of applicant - including if a person previously undergone imprisonment

3. Possiblity of fleeing from Justice.

 

 

Court in certain cases can impose conditions for bail 

Please approach the Public Prosecutor, if you see any of the above grounds could be violated Only then bail can be rejected

 
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Advocate Supreme Court of India

Talk to public prosecutor 

 
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