Anticipatory Bail on the Ground of Plea of Alibi | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |
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“Anticipatory bail is a difficult and challenging task. This can be obtained by the order of the Court of Sessions or the High Court only. Further, the plea of alibi i.e. a plea whereby the alleged accused submits that he/she was not at the place where the offense was committed or the crime was committed is a very difficult criminal defense or the ground for bail to prove. It requires even the usage and tendering of electronic evidences to prove innocence in a criminal proceedings or criminal trial respectively. All these criminal defenses and the grounds for obtaining anticipatory bail are discussed in detail.”
Plea of alibi is a very effecting instrument that can be used as a ground for seeking anticipatory bail. On this very ground, exemption from personal appearance applications are moved, convictions are based merely by proving that the accused was not present at the place of incident. Anticipatory bail can be easily sought on this ground and if the Court is convinced then the anticipatory bail too can be granted.
Grant of Anticipatory Bail on the Ground of Plea of Alibi: Best Criminal Lawyer Advice
Plea of Alibi can be used as defense by proving to the Court that at the time of commission of the alleged offence, the accused was not there or was present somewhere else. The accused have to prove his/her alibi. Plea of Alibi can be taken as ground for anticipatory bail but the accused need to prove all the factors. The following are the factors that need to be proved-
• The accused was not present at the place where the alleged offence took place;
• At the time of commission of the alleged offence, the accused was present somewhere else;
• The place where the accused was present was so far away that the accused should not be able to reach the place where the alleged offence took place.
As the burden of proof lies on the accused, the accused have to gave sufficient evidence to the Court to prove the alibi and if the Court is not convinced by those evidences or found any irregularities on those evidences then the Court have the discretion to refuse to grant bail whereas in case the accused successfully proved his/her alibi and keeping other factors like nature and gravity of offence, antecedents, reasonable apprehension of the accused absconding or tampering with witnesses in mind too, the Court have the discretion to grant bail to the accused. So, it is rule that when the burden of proof which lies on the prosecution has been discharged satisfactorily only then the Court considers the Plea of Alibi, but where the prosecution failed to discharge the burden of proof then it is not necessary to know whether the accused has succeeded in giving the defense of alibi.
Plea of Alibi prove the non-involvement of the accused in the alleged offence and if proved with sufficient evidence, the Court consider granting bail to the accused. So, it can be taken as a ground for seeking anticipatory bail.
Case Laws
Jayantibhai Behenkarbhai V. State of Gujarat [(2002)8 SCC 165]– In this case, nine accused persons were charged with having committed offence of assaulting the complainant, one of the accused denied his participation in the incident of assault. His defense is that a day before the incident he had left the village where the alleged offence took place. The accused took plea of alibi as a ground for anticipatory bail but the Court believed that the evidences presented were not sufficient to prove that the alibi completely exclude the possibilities of the accused having been present at the time and place where the alleged offence took place.
Hardip Singh V. State of Punjab [2015 SCC Online P&H 8277]- In this case, the petitioner argued that the accused has been falsely implicated in the case. He was not present at the place of occurrence and that’s why he was not apprehended at the spot. In short, the accused took the plea of alibi as ground for seeking anticipatory bail but it was the second anticipatory bail application by the accused and facts and circumstances were different in this case that’s why the accused was not granted bail but Court do consider plea of alibi as ground for anticipatory bail.
The accused can deny the participation of his/her in the alleged offence by taking plea of alibi as a defense. It directlty shows the non-involvement of the accused in the alleged offence and hence, can be taken a ground for seeking an anticipatory bail.
Authored By: Adv. Anant Sharma & Anjali Swami