Answer By law4u team
If an anticipatory bail application is dismissed, it means the court has refused to grant protection from arrest. The police can arrest the accused if they have legal grounds to do so. Dismissal of anticipatory bail does not mean the person is guilty. It only means the court has decided not to grant pre-arrest bail. After arrest, the accused has the right to apply for regular bail before the appropriate court. The accused may also challenge the rejection by filing a fresh application before a higher court if there are valid legal grounds or changed circumstances. If the anticipatory bail was rejected by the Sessions Court, the accused can approach the High Court. If the High Court rejects the application, the accused may approach the Supreme Court in appropriate cases. Merely filing an appeal against the rejection does not automatically protect the accused from arrest unless the higher court grants interim protection. If new facts or a significant change in circumstances arise, a fresh anticipatory bail application may be maintainable, subject to the facts of the case. The accused should cooperate with the investigation, as non-cooperation may adversely affect future bail applications. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), anticipatory bail is a discretionary relief. The court considers factors such as the nature and gravity of the accusation, the applicant's criminal antecedents, the likelihood of absconding, and whether the accusation appears to be made with the intention of injuring or humiliating the applicant before deciding whether to grant or refuse anticipatory bail.
