Anticipatory bail petition is filed under Section 438 of the Code of Criminal Procedure by an accused person who is apprehending arrest by the police. Anticipatory bail petition can be filed before the court of sessions, High Court, Supreme Court of India only. One can file a petition for anticipatory bail even if a First Information Report (FIR) has not been filed and the person is merely apprehending arrest.
Anticipatory Bail petition is filed by a person who is apprehending arrest in relation to criminal offence. In case a person is anticipating that he/she might get arrested or an FIR may be filed against him/her in relation to an offence, he/she can file an application in the appropriate court for anticipatory bail.
An anticipatory bail application should contain the details of FIR based on which the apprehension of arrest was drawn by the petitioner. In case an FIR has not been filed, the petitioner must present supporting documents or proof that proves his claim regarding the anticipation of arrest. The petitioner should also mention in the petition the grounds on which he is asking for anticipatory bail.
BEFORE THE HIGH COURT AT __________________________________
IN THE MATTER OF:
STATE
VS
_____________________
(FIR Number: _________)
Under Section: (_____________________)
Police Station: (______________________)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail)
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved in any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offense at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.
5. That the applicant is having very good antecedents, he belongs to a good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when directed.
8. That the applicant undertakes that he will 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.
9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.
12. That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the anticipatory bail application.
PRAYER
It is therefore prayed that the court may direct the release the applicant on bail in the event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL
The application for anticipatory bail under Section 438 of the Code of Criminal Procedure is to be signed by the accused or the applicant of the bail. An affidavit in support of the application is to be filed along with the main application. A readable copy of the FIR is also to be attached along with the petition. All relevant documents are also to be annexed along with the bail application based on which the applicant is seeking anticipatory bail from the court. The Counsel who is filing the application must also sign the application and must attach his memo of appearance or power of attorney with the application. The details of the FIR, name of the accused, father’s name of the accused should be properly mentioned in the application so that the said contents are properly recorded in the judicial records.
It is 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. The Lawyer would draft an application for anticipatory bail mentioning as to why the bail shall be granted while stating your version of the facts surrounding the matter. Once the application for anticipatory bail is drafted the advocate will file the same 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 to be fit for granting anticipatory bail, anticipatory bail is provided to the accused. In case anticipatory bail application is rejected in the Sessions Court, the application can be made to the High Court. If the High Court also rejects the bail, the application can be made in the Supreme Court.
Once, the bail is granted there are few formalities that have to be followed before the person is finally out on bail. The Court also has the power to put some conditions and restrictions on the same.
The conditions that may be imposed are as follows:
The person shall make himself available for interrogation by the police officer as and when required;
The person shall not, directly or indirectly, make any threat or promise to any person who is aware of the facts of the case so as to discourage him from disclosing such facts to the court or to any police officer;
The person shall not leave India without the previous permission of the court.
Being charged with a crime is a serious issue. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal case warrants the legal advice of a qualified criminal lawyer who can protect your rights and secure the best possible outcome for your case. Owing to the experience in bail related issues, a criminal lawyer is an expert in dealing with the complexities involved in cases of mental cruelty and this is why having a criminal lawyer by your side to guide you with a case like this always adds up to your potential in dealing with the case effectively.
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