utracity

827 votes

Dear Sir How to Get Anticipatory Bail Anticipatory bail can be obtained by a person who anticipates arrest. Hence, anticipatory bail is a direction to release a person on bail, even before the person is arrested. Anticipatory bail is applied for under Section 438 of the Criminal Procedure Code. In this article, we look at the procedure for obtaining anticipatory bail in India. Reason for Obtaining Anticipatory Bail Arrests are mainly made after a criminal complaint to secure the appearance of the accused at the time of trial and to ensure that, if guilty, he/she is available for sentencing. However, if the presence of the accused can be reasonably guaranteed during the period of trial and sentencing, then it would be unjust and unfair to deprive the accused of his/her liberty during the trial period. Hence, if the courts believe that it would be unjust and unfair to arrest a person during trial, anticipatory bail is granted. Section 438 of the Criminal Procedure Code 438. Direction for grant of bail to person apprehending arrest: When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including: a condition that the person shall make himself available for interrogation by a police officer as and when required; a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; a condition that the person shall not leave India without the previous permission of the Court; such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section. If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1). Filing Anticipatory Bail Application Its advisable to engage a criminal lawyer once a criminal complaint or FIR has been lodged. Once engaged, a suitable course of action including application for pre-arrest notice, notice bail or anticipatory bail can be decided upon. Once decided, the Lawyer would draft an anticipatory bail mentioning the reasons for bail application and your version of the facts surrounding the matter. Application for bail is then made at an appropriate Sessions Court. When the matter comes up for hearing, the Lawyer must appear and present the case. If the judge sees the case as fit, anticipatory bail is provided to the accused. In case anticipatory bail application is rejected in the Sessions Court, application can be made in the High Court. If the High Court also rejects the bail, application can be made in the Supreme Court. Anticipatory Bail Conditions While granting anticipatory bail, the Court can impose one or more of the following conditions based on the facts of the particular case: Be available for interrogation by the police officer, as and when required; Person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; Person shall not leave India without the previous permission of the court.

Advocate Kishan Dutt Kalaskar LawRato

790 votes

Dear client good evening. I just gone through your issue regarding Attrocity. It's clear that you want to be getting Anticipatry bail,in various case normally Anticipatry bail not available, Because SC had given ruling I n many cases. it's may be one chance.

Advocate Nataraja KS LawRato