Chargesheets and anticipatory bail.

960 votes

In this regard, I advice you that person who has apprehension of arrest applies for anticipatory bail to the concerned magistrate court. This bail is generally when there is complaint filed by anyone against him and he have apprehension of arrest. Charge-sheet is the stage when the investigation gets complete and police files their version. To the court. Anticipatory bail. Am very well be taken before chargesheet filed whenever there is apprehension. For further clarification, please contact.

Advocate Ujjwal Jain LawRato

690 votes

Hi where was the matter and all what did the court say why was the charge sheet and all not filled what did the court say and all on what grounds did he get bail and all what Did the court has put some conditions and all where he would find the mistake so u can file a application in the court

Advocate Yash Karan Jain LawRato

673 votes

yes, it is very much possible to get anticipatory bail before filing of the chargesheet. anticipatory bail is given in cases where a person is apprehensive that he might be arrested in an FIR lodged in police station and not after investigation is concluded

Advocate Rohan Sharma LawRato

575 votes

Hi,

When you say you had filed an NC (For clarification- Did you mean that you had filed a complaint of Non-Cognizable offence on the basis of which FIR was registered)

Regardless, yes, where the police, after filing of the FIR carry out an investigation and the evidence does not have a strong foothold, and if the lawyer of the accused is able to point out that the complaint is false, frivolous and intended only to harass the accused.

If the judge sees merit in the arguments and surrounding circumstances and likeliness of such a crime not having occured, he is inclined to grant anticipatory bail to the accused.

To answer your 2nd Question: YES. It is possible to get bail without the chargesheet being filed. After the preliminary hearing and after the FIR is filed, the police are provided with a period of 60 days ( Extendable to 90 in NC Cases) to file the chargesheet.

When the crime is of a very serious nature and there is likelihood of it having being committed, the Court does not grant bail so easily as there is a chance the accused might interefere with proceedings, threaten the witnesses etc.

You can file an application for having the bail of the accused cancelled on the grounds mentioned above pointing out the seriousness of the offence. However, I would need to see your complaint first and FIR.

Advocate Anuj Nair LawRato