Anticipatory bail provision in delhi understanding

692 votes

hello client you can apply to the provision of anticipatory bail in delhi as it is legally valid in Delhi .but the anticipatory bail will be given by high court in only in most of the case as the cases is been referred in most of the cases lower court grants anticipatory bail very rarely in this matters.

Advocate Vishwanath Pratap Singh LawRato

871 votes

yes ,a person can apply for anticipatory bail mere on an apprehension ( reason to believe) that he is going to be arrested- section 438 Crpc

for anticipatory bail only requirement is that you have reason to believe that you might get arrested for the commission of non bailable offence.

apprehension/reason to believe for getting accused of non bailable offence -> application to HC/ session court for direction to release on bail in case of arrest

LawRato LawRato

566 votes

Hi,

To answer your query.

1) Whether you can apply for anticipatory bail on basis of a complaint without registration of the anticipatory bail-

Anticipatory bail is granted under Section 438 of the Criminal Procedure Code (Cr.P.C.). It is not a condition precedent for invoking the provisions of this section that FIR should have been registered first. What Section 438 Cr.P.C. requires is that the applicant is apprehending his arrest on accusation of having committed a non-bailable offence. It is not necessary that at the time of applying for anticipatory bail, the police must have already registered the FIR. Anticipatory bail can be applied even before registration of FIR, provided there is a real apprehension of arrest on accusation of having committed a non-bailable offence.

This has been highlighted expressly in the judgment of Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632 at p. 1648 : 1980 Cri LJ 1125 : (1980) 2 SCC 565, wherein a Constitution bench of the Hon'ble Supreme Court held that the filing of a First Information Report is not a condition precedent to the exercise of the power to grant anticipatory bail under S. 438 Cr.P.C. and that the imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet filed.

It would be expedient for your lawyer to inform the Court that the complaint is false and frivolous and explain the grounds of the same. You should also inform the Court that you have no previous criminal records and are unlikely to flee and shall be present for every hearing thereafter. Those are conditions which can only be clarified once I have a broader understanding of the nature of the offence, if its bailable-non-bailable, etc.

Do let me know if you need further clarifications.

Advocate Anuj Nair LawRato

777 votes

Dear Sir/Ma'am,

1) Anyone can lodge an FIR, it's just an information that doesn't require evidence to record it. So, Police can register an FIR without evidence.

2) Anticipatory bail (S. 438) can be applied even before registration of FIR, provided there is a real apprehension of arrest on accusation of having committed a non-bailable offense.

Hope this clarifies your query. You can call me for further clarification.

Thankyou

Regards,
Kajal Bhatia
Advocate
Supreme Court of India

Advocate Kajal Bhatia LawRato

791 votes

Yes u can apply wht are the charges and all what is the case about and all what is the police saying and all why was the fir no registration and all were u arrested and all
What is the case about and all u can do it if the police doesn’t do their work

Advocate Yash Karan Jain LawRato