Answer By law4u team
Yes. A person can apply again for anticipatory bail after its rejection, but it is not an automatic right. The maintainability of a fresh application depends on the facts and circumstances of the case. If the anticipatory bail application was rejected by the Sessions Court, the person may file a fresh application before the High Court. If the High Court also rejects the application, the person may approach the Supreme Court in appropriate cases. A fresh anticipatory bail application before the same court is generally considered only if there is a significant change in circumstances, such as: New evidence supporting the accused. Change in the nature of the allegations. Filing of the charge sheet. Delay in arrest despite the rejection. Any other material development affecting the case. Merely repeating the same grounds that were already rejected is generally not sufficient for the court to grant anticipatory bail. While the fresh application is pending, the police may arrest the accused unless a court grants interim protection. If the accused is arrested after rejection of anticipatory bail, they can apply for regular bail before the competent court. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the grant of anticipatory bail is discretionary. The court considers factors such as the seriousness of the offence, the applicant's role, the likelihood of absconding, the possibility of influencing witnesses, and the need for custodial interrogation before deciding the application.
