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Is applying for Anticipatory bail mandatory ?
19-Oct-2023 (In Criminal Law)
Hello Sir , My name is and I want to know that anticipatory bail is mandatory ? Because my mother had lodged FIR against the accused persons and after investigation process is completed and already the police filed charge sheet in the court against the accused persons but I am sure that the accused persons did not prayed for anticipatory bail and now charge sheet has been filed by the police so I want to know in this situation the anticipatory bail is mandatory or not ? and when the trial process will be start on that time the accused persons will have any fault in this regard so Please answer this question if possible . Thank You & Regards
As per Section 438 of The Code of Criminal Procedure clearly states that if a person has any reason to believe that he may be arrested for accusation of committing a non-bailable offense, he may either apply for anticipatory bail before the High Court or the Session Court under this section. If he has reason to believe that he may be arrested then he can apply for anticipatory bail which depends on the wish of that particular person so it is not mandatory.If the person is accused of committing a bailable offense then this section is not applicable.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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Anticipatory bail is a matter of vhoice the accused persons have a an option to apply for it but it is not mandatory. During trial this will not a be a question of dire importance. The accused will not be at fault if they have not applied for anticipatory bail.
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Adv. Biswajit Dey
Kolkata | 25+ Answers
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First of all you will apply certifiy copy of chragesheet from court and then see the charge sheet carefully whether accused is absconder or not?
Whether police submitted FRMF report?
If the accused not pray for anticipatory bail / bail then it 100 percent sure that police submitted the FRMF .
Whether police submitted FRMF report?
If the accused not pray for anticipatory bail / bail then it 100 percent sure that police submitted the FRMF .
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Adv. Iftekhar Alam
Asansol | 25+ Answers
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