Anticipatory Bail Application : How to apply for Anticipatory Bail - LawRato.com
What is Anticipatory Bail
The concept of anticipatory bail comes into place when the accused may rightfully fear arrest in cases of cognizable offences. Bail is a legal relief that a person may be entitled to in order to get temporary freedom until his case is disposed of. Depending on the gravity of the allegations, a person may be able to avoid arrest altogether. However, there are cases in which arrest is made and the accused is set free as per the provisions of the bail as given under the Criminal Procedure Code.
In cases of criminal cases, especially those pertaining to dowry, anticipatory bail comes as a relief to many accused person.
When Should Anticipatory Bail be Applied For?
- Anticipatory bail is literally applied for in anticipation of arrest.It is a direction to release a person on bail, issued even before the person is arrested.
- If the accused has a reason to believe that s/he may be arrested for a crime which s/he did not commit, then s/he has the right to apply for this type of bail.
- One may apply for anticipatory bail after learning about a criminal complaint made against them to the police by their wife, or by any threats made by her family against you and your family
- It is also important to know whether, in cases where the FIR has been filed, the offence is bailable or non-bailable. While in the former bail in granted as a matter of right, the grant of bail in the latter is based on several contingencies
How to Apply for Anticipatory Bail
- Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail
- Get the lawyer to draft an anticipatory bail mentioning your version of the facts
- Apply at the appropriate district court
- When the matter comes up for hearing, it is advisable that your lawyer is accompanied by a trusted person
Procedure for anticipatory bail application in India
The procedure followed will alter depending on whether or not an FIR has been filed.
When FIR has not been Filed
- The public prosecutor will talk to the police officer concerned
- Since no FIR has been filed, the PP will be of the view that there are no grounds for granting anticipatory bail
- The judge will agree to this and your lawyer will be verbally asked to withdraw the anticipatory bail
- The lawyer will then make an oral prayer for seven days pre-arrest notice in case the police formulates an intention to arrest you/your family
- In all likelihood, the judge will grant this plea
- An order will be passed accordingly. This is called the ‘notice bail’ commonly.
- If the bail application is rejected, you could apply to the High Court.
- If the High Court also rejects the bail, you could apply to the Supreme Court
When FIR has been Filed
- In cases when the FIR has been filed, the Investigating Officer will send a notice of arrest
- As soon as this notice is received, one should apply for anticipatory bail following the same procedure as stated above
Bailable and Non-Bailable Offences:
Depending on the kind of offence that the police have registered, a person should apply for bail under the relevant provisions of the Code of Criminal Procedure, 1973 (CrPC).
Sec 436 provides that when any person other than a person accused of a non-bailable offences is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such a person shall be released on bail.
[Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance.]
Conditions that may be Imposed by the Court:
The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:
- a condition that the person shall make himself available for interrogation by the police officer as and when required;
- a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
- a condition that the person shall not leave India without the previous permission of the court.
An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution in case any of the conditions imposed by the Court are being violated.
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These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.
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