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Can anticipatory bail be filed directly to high court?
17-Jul-2024 (In Criminal Law)
Dear Sir/Madam,
An FIR has been lodged against my mother and me under sections 379, 325, 506, 406, 354(B), 386, 120B, and 34 IPC. The FIR was initiated by order of the ACJM, and subsequently, the local police station has issued us a notice under Section 41A of the Cr.PC. In this situation, I would like to know if we can directly approach the High Court for anticipatory bail without going through the Sessions court. The case against us is entirely fabricated and baseless.
Thank you.
Yes you can approach Hon'ble High Court for anticipatory bail u/s 438 CrPC but it's better to move your petition under the section first in the Sessions Court because you can get a second chance if your bail petition is rejected in the Sessions Court.
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Adv. Bandhupriya Dey
Murshidabad | 25+ Answers
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Yes you can always go to the high court directly but before that you need to reply to the notice issued under sec. 41. However it is always advisable to first approach the district court depending on the existing situation.
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Adv. Bikram Sarkar
Kolkata | 25+ Answers
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