Read on to gain valuable insight into the process of how to get anticipatory bail, anticipatory bail costs and other important and requisite information about such a bail at LawRato.
Follow these 7 steps to get anticipatory bail:
Immediately contact a good lawyer to apply for anticipatory bail and pre-arrest notice.
Draft an anticipatory bail application along with your lawyer and sign it.
The application must also include an affidavit supporting it.
A copy of the FIR, along with other relevant documents, must be attached.
File the application in the appropriate district court.
You must send somebody with your lawyer to the court for the hearing of your application.
The protection under anticipatory bail is available to you till the end of the trial.
After the above procedure, there are two situations that may prevail:
1. When no FIR has been filed:
In such a situation, there will be no grounds for granting bail.
Your lawyer must request the court to grant you a pre-arrest notice instead.
If granted, use this pre-arrest notice period to apply for anticipatory bail.
If your bail application is rejected, you can apply to the High Court and further to the Supreme Court.
2. When an FIR has been filed:
The investigating officer will send you a notice of arrest seven days before arresting you.
In this time period, you can file for anticipatory bail.
The nature and gravity of the accusation;
Reason to believe that, you may be arrested.
You shall make yourself available for questioning by the police officer as and when required;
You shall not make any threat or promise to any witnesses.
You shall not leave India, without the previous permission of the court.
Filing of a First Information Report (FIR) is not a pre-condition for filing for an anticipatory bail.
In the case of Kanwar Pal Singh vs State Of Rajasthan, decided on 22 April, 2022, an anticipatory bail application was filed under Section 438 Cr.P.C. concerning FIR No. 161/2020 at Police Station Karni Vihar, Jaipur. The petitioner, Kanwar Pal Singh, was accused of engaging in a consensual relationship with the complainant, a married woman aged 34 years. The High Court granted anticipatory bail in favour of the petitioner.
In the matter of Satender Kumar Antil vs Central Bureau Of Investigation, decided on 11 July, 2022, an appeal was made against the High Court's decision declining to quash criminal proceedings against the appellant accused of kidnapping a girl. The Supreme Court of India acknowledged deficiencies in the bail system concerning undertrial issues and bail grants.
If you have doubts on what is the difference between regular bail and anticipatory bail, refer to LawRato’s Lawguide on Difference between Regular Bail and Anticipatory Bail | Criminal Law Guide (lawrato.com).
Once you get an anticipatory bail, it normally remains valid till your case is completely disposed of. However, in few cases the court decides the time period for which the bail is granted. If you have an anticipatory bail, you do not need a regular bail unless the court orders arrest.
If your anticipatory bail application is refused in Sessions court, you can approach the High Court or further to the Supreme Court.
The procedure that is followed once bail is granted to you:
You are required to be present at the police station; whenever you are called.
You should take your friends or relatives along with you, who shall act as your surety.
Your sureties should carry the required bail amount as directed by the court.
You and your sureties will be required to sign a bail bond, which is a document that mentions about forfeiture of the bail amount and other legal consequences, in case you do not follow the directions of the court.
The bail amount is decided by the judge.
Sometimes you may be directed to keep your property as a security for bail. Your property can be seized or sold, if you do not appear when required by the court.
Once you have acquired an anticipatory bail, the police cannot arrest you for the time period mentioned in the bail order. But if you fail to abide by the conditions put forward by the court, on basis of which the bail has been granted, the court may direct your arrest.
There is no specific provision for cancellation of bail, but a bail can be cancelled by the High Court based on certain grounds to meet the ends of justice.
A request for cancellation of the anticipatory bail can also be made by the opposite party or the police, in case you violate any of the directions imposed by the Court.
If you want to know more about anticipatory bail in India and how LawRato may help you, read on Anticipatory bail in India | LawRato or visit the LawRato Guide for Anticipatory Bail Format to learn about the aspects of formatting anticipatory bail.
Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail cost you around Rs.25,000 to Rs.30,000, depending on the seriousness of your case and the skills and experience of your lawyer.
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