Legal Advice on Anticipatory Bail on the Ground of Previous Conduct of the Accused | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |

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“The previous conduct of the alleged accused plays a key role in deciding any bail application for anticipatory bail or regular bail in a criminal case. Further, it is a valid criminal defense and a ground for bail as the Courts in India in a given criminal tiral or criminal case always look into the antecedents of the alleged accused. Thus, the previous conduct of the alleged accused and his/her antecedents is an important ground for bail in criminal proceedings against the alleged accused.”

Anticipatory bails are mostly sought on the basis that the accused had no antecedents or the accused had never undergone imprisonment on conviction by any Court in respect of any cognizable offence.

Grant of Anticipatory Bail on the Ground of Previous Conduct of the Accused: Best Criminal Lawyer Advice
Before granting any type of bail, the Court always considers if the accused would repeat the same offence if released on bail or a threat to the society or if the accused have done the similar or any other offence in the past. In case of anticipatory bail applications, the Court has to look into the antecedents of the accused or whether the accused had undergone imprisonment on conviction by any Court in respect of any cognizable offence. The rationale behind this is to see whether the accused is habitual law offender. A Habitual law offender is the one who is convicted of previous crimes, taken in conjunction with the present case, shows that the accused is by habit a law offender. If the Court finds out that the accused had antecedents, then most likely the Court would refuse to grant bail to the accused as to prevent the happening of similar offence or any other offence. In cases where the Court is of opinion that the accused had no previous conduct, the Court considers granting bail as it shows that the accused is respected person in the society and has deep roots in society. Thus, not a threat to the society.

The previous conduct of the accused does not only mean if the accused had undergone imprisonment on conviction or have done any offence in the past but it also means if the accused had antecedent of taking advantage of anticipatory bail for fleeing away. So, this is also considered by the Court that if the accused had previously at any point of time taken advantage of order of anticipatory bail for absconding or fleeing away from justice. In cases where the accused is proclaimed offender, it is difficult to get bail because the Court considers the reasonable apprehension of accused fleeing away or absconding as his/her previous act suggest that there are antecedent of accused absconding, that’s why the accused is proclaimed offender and this is also the reason that why it is so difficult to get bail for proclaimed offenders. If the accused had never undergone imprisonment on conviction by any Court in respect of any cognizable offence or have no antecedents then it’s in favour of the accused and Court might grant bail to the accused considering this fact.

Case Laws
Jai Prakash Singh V. State of Bihar and Another [(2012)4 SCC 379]- In this case the accused was granted anticipatory bail by the hon’ble high Court but this was set aside by order of hon’ble Supreme Court stating that the case is not fit for anticipatory bail because there are fair antecedents of the accused and the high Court have ignored them and as it is one of the parameters to be kept in mind before granting anticipatory bail, it was not considered by the high Court. Hon’ble Supreme Court setting aside the bail granted by high Court stated that the accused had previous antecedents and that’s why the case is not fit for grant of anticipatory bail.

Siddharam Satlingappa Mhetre V. State of Maharashtra [(2011)1 SCC 694]- The Hon’ble Supreme Court in this case enumerated factors to be kept in mind before granting the anticipatory bail. The Court considered the antecedents of the accused including the facts if the accused had undergone imprisonment on conviction in respect of any cognizable offence before granting anticipatory bail.

Accused not being a history sheeter is a favourable point when he/she is seeking anticipatory bail as it is one of the points that Courts are directed to keep in mind while deciding whether to grant bail to the accused or not.
Authored By: Adv. Anant Sharma & Anjali Swami