Anticipatory Bail Application u s 438 & Relaxing Condition Appln u s 439 1 b of CrPC
5 months ago
I strongly contested the anticipatory bail of the accused, however, court has granted the AB to the accused. This accused's application for AB was u/s 438 of Cr.P.C.
After 2 days of granting AB, accused applied for relaxation/modification of conditions and within 12 days, final order was given and conditions were relaxed. However, I was not aware of this relaxation/modification since I was not party respondent but only the State/Police.
Shouldn't Judge be asking for my/complainant's SAY during relaxation application under 439(1)(b) since initially I already opposed/contested accused's anticipatory bail under 438 of Cr.P.C? Is there any Supreme Court case law supporting the same that says complainant should be given the chance to be heard before modifying the conditions as the conditions involve complainant that he should be threatened, induced, contacted etc?
Yes, the judge should have given you an opportunity to be heard before modifying the conditions of the accused's anticipatory bail under Section 439(1)(b) of the Code of Criminal Procedure (CrPC). This is because you are the complainant in the case and the conditions of the anticipatory bail directly affect your safety and security. Under Section 439(1)(b) of the Criminal Procedure Code, the court has the power to modify or revoke any conditions of bail at any time during the bail period. However, the court must give notice to the public prosecutor or the complainant of the hearing of the application for modification of bail conditions and hear their objections.
The Supreme Court of India has held in several cases that the complainant should be given a chance to be heard before modifying the conditions of anticipatory bail. In the case of Lalita Kumari v. State of Uttar Pradesh, the Supreme Court held that "the complainant has a right to be heard when the question of modification of conditions imposed on the grant of anticipatory bail arises." In another case, Shashi Kant Jha v. State of Bihar, the Supreme Court held that "the complainant should be given an opportunity to be heard before the conditions of anticipatory bail are modified, as the complainant is the person who is most affected by the modification of the conditions."
Therefore, you should file an application with the court to set aside the order modifying the conditions of the anticipatory bail. In your application, you should argue that you were not given an opportunity to be heard before the modification of the conditions.
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