Legal Question in Criminal Law in India

As already discussed once an applicant has withdrawn the bail application as he could not meet the conditions set by court and as advised by the learned advocates on this site that further bail can only be prayed for after change in circumstances.

the case is between state and accused(applicant for bail) and the complainant is objector to bail.

If the objector withdraws his objection will this be treated as change in circumstances or change in circumstances is after triall has started and witnesses from prosecution deposed.

pls advise


Asked on 7/08/11, 3:39 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the complainant co operates in the bail by not objecting to it and even does not insist upon the conditions to be imposed while granting the bail, a fresh application may be filed. in case the complainant is ready to co operate then why to withdraw the bail, in the same application, the complainant may also request the court to not to insist upon conditional bail.

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Answered on 7/08/11, 3:43 am
Sanjay Kalra Sanjay Kalra & Associates

If the complainant is not opposing the bail then surely it is a change in the circumstances and you can apply for bail.

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Answered on 7/08/11, 6:47 am
Shrichand Nahar S.V.Nahar, Advocate

In a case instituted by State, objection or no objection of original complainant may not amount to change in circumstance.

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Answered on 7/08/11, 11:53 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

in that situation you can make a fresh application.

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Answered on 7/11/11, 4:56 am


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