Anticipatory bail in India - How to get Anticipatory bail

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Anticipatory Bail in India - How to Get Anticipatory Bail

Pre-arrest bail, advance bail, or anticipatory bail is sought by such persons who face the probability of arrest for a non-bailable offence. If you anticipate arrest by the police, you can prevent the arrest by getting pre-arrest bail immediately. This must be done with the help of an experienced lawyer so that your bail is not rejected. You can contact LawRato to avail yourself of the services of experienced and discreet lawyers.

Since a rejected bail can lead to a higher probability of arrest, it is essential that you know if the matter should at all be put up for anticipatory bail. Our reliable, discrete and competent lawyers can guide you in this matter. Get in touch with a lawyer now via our LawRato website. Our lawyers will guide you and make the best possible bail petition to create ground to present a very strong case in court in favour of granting bail.

Prior to seeking anticipatory bail, it is important to understand ‘what is anticipatory bail?’ Anticipatory bail section 438 of CrPC is a provision under the Indian legal system. Article 21 of the Indian Constitution grants you the fundamental right to life as well as personal liberty. With anticipatory bail, you can live free till proven guilty. Getting bail depends on the lawyer convincing the court that the bail should be granted. Our expert lawyers at LawRato have long years of experience in handling tricky bail matters and you can gain from their experience.

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Criteria for Getting Anticipatory Bail CrPC

There could be any number of reasons for you anticipating arrest: you believe that you have been wrongfully implicated, or you are facing charges that have arisen from personal enmity, or any other reason. Only if your lawyer can convince the Court that the bail application has enough merit will it give anticipatory bail and/or provide instructions to the relevant authorities for your release bail if an arrest has been made. For your own safety, you need to engage a reliable and competent lawyer to ensure your bail plea goes in your favour.

Procedure of Applying for an Anticipatory Bail

Applying for anticipatory bail is a seven-step process. At every stage of the anticipatory bail process, you will need the help of a lawyer, such as for drafting the bail application, which also requires the signature of a lawyer. There should be an affidavit attached with the application which again will need a lawyer to get it drafted and notarised.

Whether or not, on the face of it, the case warrants bail, there is a need for a good lawyer who can pick even the weakest case, put it together and present it in court as a strong case for granting bail. Choose a lawyer from LawRato’s lawyer network now and begin the process of getting your anticipatory bail.

Alternatively, you can also visit LawRato’s website to read all about the anticipatory bail process and conditions based on which anticipatory bail is granted, ask a free query, and get a quick response from lawyers associated with LawRato.

Factors Influencing Anticipatory Bail

Some of the factors that influence anticipatory bail CrPC are:

- How grave is the accusation? And what is the nature of the accusation?
- Past record of the person applying for anticipatory bail.
- The chances of the applicant fleeing from justice.
- Whether the applicant is wrongly accused with the purpose of causing humiliation and / or injury.
- The potential of the applicant for repeating the same or similar criminal behaviour.
- Whether the anticipatory bail is sought for an ulterior motive.
- The role the applicant is alleged to have in the alleged activity.
- How likely is it that the bail applicant could tamper with witnesses and/or evidence and intimidate the complainant?

So that the above-mentioned points are well presented in your favour in court, you should engage a lawyer who can uphold your case in court, whatever may be the condition. Find the best lawyer with LawRato to represent your case so that you can become stress-free.

Anticipatory Bail Format

There is a specific format that needs to be followed for filing an anticipatory bail in court. It is different from other bail formats. To view the anticipatory bail format prior to choosing a lawyer to file your bail, visit the LawRato Guide for Anticipatory Bail Format.

Anticipatory Bail When Charged IPC 498A

A criminal amendment of 1983 introduced Section 498A. It is seen as a weapon for women who suffer at the hands of their husband and/or his relatives and is also a weapon that some women misuse to falsely accuse their husband and his relatives. In the current scenario, a need has arisen for protecting such husbands and their families who are falling victim to the misuse of IPC 498A. However, several court judgements bode well for husbands.

Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273

In this case, the Supreme Court judgement on 498A IPC provided the police with direction to first ascertain if there is a need for arrest by following all parameters associated with Section 41 CrPC and not automatically go for an arrest in 498A IPC / other cognizable offence. Due to the judgement in this case, husbands falsely accused of cruelty towards their wives have received some options and relief from immediate arrest.

So, whatever might be your anticipatory bail requirement, with LawRato, you get an interactive platform that will make it much easier for you to quickly engage an experienced and competent lawyer in your city or for the court where your case is/will appear. With us, you can get the best lawyers with top ranking in their field of expertise, who can give you professional legal advice while being totally sensitive and discreet.

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We hope that this information has been helpful in providing clarity regarding anticipatory bail and its nuances. Anticipatory bail or advanced bail is a provision available to citizens of India that allows them to apply for bail before being arrested. For any legal advice or guidance, please visit our website Here, you can also find a lawyer for any of your legal matters.

Frequently Asked Questions (FAQs)

Q. What is anticipatory bail cost in India and will LawRato need to be paid separately for the process?
A. In India, the cost of obtaining an anticipatory bail is generally anywhere between ₹25,000 and ₹30,000. An experienced lawyer can help you secure bail by negotiating for a lower bail amount. You need not pay LawRato to connect you to a lawyer.

Q. Can LawRato get me a lawyer immediately in my city of choice?
A. In whichever city in India you reside, with LawRato, you can find a lawyer near you or a lawyer in any city of your choice to provide you with help and to take your case forward.

Q. How much will a lawyer connected through LawRato charge for an anticipatory bail?
A. The fees charged by any lawyer through LawRato will depend on the lawyer’s experience and skill, which has been mentioned on the LawRato website. LawRato only provides legal help by giving you free legal advice and connecting you to a lawyer in your preferred city and according to your choice and requirements.

Q. Can the lawyers at LawRato give free legal advice on anticipatory bail if I ask a query before connecting with them?
A. Yes, you may ask your query on anticipatory bail, and the lawyers connected with us shall respond.

Q. Can I get bail with the help of LawRato in a case under 498a? What will it cost?
A. Yes, you can get bail under 498a. The bail amount could be anywhere from ₹ 10,000 to ₹50,000, depending on the seriousness of the case and the expertise of the lawyer. LawRato does not charge any fee.