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What happens if a person fails to appear before the court after being granted anticipatory bail?

09-Mar-2023
Anticipatory Bail

Answer By law4u team

If a person fails to appear before the court after being granted anticipatory bail, the court may cancel the anticipatory bail and issue a warrant for their arrest. The person may also be charged with the offense of "jumping bail" or "bail jumping," which is a criminal offense in itself. Anticipatory bail is granted by the court to protect a person from arrest or detention in anticipation of being accused of a non-bailable offense. However, this protection is subject to the condition that the person appears before the court as and when required during the investigation or the trial of the case. If the person fails to appear before the court without a valid reason, the court may consider it a breach of trust and may cancel the anticipatory bail. In such a scenario, the person may have to apply for bail again, and their failure to appear before the court in the past may be considered as a negative factor while deciding their bail application. Additionally, the person may be charged with the offense of "jumping bail" or "bail jumping," which is punishable by imprisonment, fine or both. Therefore, it is important for a person who has been granted anticipatory bail to comply with the conditions of the bail and appear before the court as and when required.

Answer By Anik

Dear client, The court issued anticipatory bail on the condition that the accused will cooperate and follow the legal process which includes appearing before the court whenever required. If an individual Fails to appear before the court after securing anticipatory bail, several legal consequences follow. 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. Forfeiture of bail bond – when the anticipatory bail is granted the accused must have typically executed a bond assuring his appearance in the court when required. If the individual fails to appear, the bond amount of the accused may be forfeited. Issuance of arrest warrant – if the person continuously evades the legal court proceedings, then the court can issue the warrant of arrest, the police officials can make the arrest and present them before the court. Proclamation as the absconder – under the section 84 of BNSS, if the accused continues to evade the legal court appearances, the court has the power to declare them as the proclaimed offender. Attachment of property – under section 85 of the BNSS if the accused persons continue to be absent to the court despite repeated summons and warrants, the court has the power to order the attachment of property. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

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