Skip to main content

How to apply for Anticipatory Bail Application

 


What is Anticipatory Bail?

Anticipatory bail is granted under Section 438 of the Criminal Procedure Code when a person has the apprehension of arrest in criminal cases. Bail is a legal relief that a person may be entitled to in order to get temporary freedom until final judgment has been passed in his case. Depending on the gravity of the allegations, a person may be able to avoid arrest, however, a person can apply for anticipatory bail even before a First Information Report (FIR) has been filed against him, on anticipation that he has reasonable grounds to believe to be arrested.


In cases of criminal cases, especially those pertaining to dowry, anticipatory bail comes as a relief to many accused persons.


Connect with an expert lawyer for your legal issue

 


Anticipatory Bail Application

Anticipatory bail is applied for in anticipation of arrest. It is a direction to release a person on bail, issued before the person is arrested. If the person has a reason to believe that he might get arrested for a crime for which he has been falsely implicated, then he has the right to apply for this type of bail. One may apply for anticipatory bail after learning that a criminal complaint has been filed against him. It is also important to know whether, in cases where the FIR has been filed, the offence is bailable or non-bailable. Since in the former bail is granted as a matter of right, the grant of bail in the latter is based on several contingencies.


Consult: Top Criminal Lawyers in India

 


How to Apply for Anticipatory Bail?

Given below are steps to apply for an anticipatory bail:


1. Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail

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.


2. Get the lawyer to draft an anticipatory bail mentioning your version of the facts

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. 


3. Apply at the appropriate district court or high court

Once the application for anticipatory bail is drafted the advocate will file the same at an appropriate Sessions Court.


4. Hearing of the Bail Application

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.


Connect with an expert lawyer for your legal issue

 


Procedure for anticipatory bail application in India

The procedure followed will alter depending on whether or not an FIR has been filed.


1. When FIR is not Filed


The public prosecutor will talk to the police officer concerned


Since no FIR has been filed, the prosecutor will be of the view that there are no grounds for granting anticipatory bail


The judge will agree to this and your lawyer will be verbally asked to withdraw the anticipatory bail


The lawyer will then make an oral prayer for seven days pre-arrest notice in case the police formulates an intention to arrest you/your family


In all likelihood, the judge will grant this plea


An order will be passed accordingly. This is called the ‘notice bail’ commonly.


If the bail application is rejected, you could apply to the High Court.


If the High Court also rejects the bail, you could apply to the Supreme Court


Consult: Top Criminal Lawyers in India


2. When FIR is Filed


In cases when the FIR has been filed, the Investigating Officer will send a notice of arrest


As soon as this notice is received, one should apply for anticipatory bail following the same procedure as stated above

 


Bailable and Non-Bailable Offences

Depending on the kind of offence that the police have registered, a person should apply for bail under the relevant provisions of the Code of Criminal Procedure, 1973 (CrPC).


Sec 436 provides that when any person other than a person accused of a non-bailable offences is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such a person shall be released on bail.


[Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance.]


Connect with an expert lawyer for your legal issue

 


Conditions that may be Imposed by the Court:

The High Court or the Court of Session may include such conditions 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 the 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.


 


Cancellation of bail

An accused is free on bail as long as the same is not canceled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution in case any of the conditions imposed by the Court are being violated.


Learn what is cognizable and non-cognizable offences and the difference between them with the help of this criminal law guide.


Consult: Top Criminal Lawyers in India

 


Why do you need a lawyer?

If you or someone you know if faced with an arrest, or has an apprehension of an arrest, the first step, despite the charges or nature of the offence should be to engage the services of a criminal lawyer. With the numerous kinds & nature of offences and the rights that flow along with such offences, a lawyer’s expertise will help ensure that the bail applications are filed timely, rights of the person are protected at every step of the process of arrest and beyond, and that the trial is conducted more smoothly.


A criminal lawyer can help ensure that the protocol and law as discussed above regarding bail, arrest and trial is followed by the police authorities properly and that no additional harm is caused to the person. Only a lawyer can best advice on the course of action to be adopted upon apprehension of arrest and ensure that the appropriate relief such as bail can be obtained at the earliest in the special circumstances of each case. Given the vast knowledge that the layman may not possess regarding the criminal justice system, a lawyer’s guidance becomes extremely important during such sensitive situations.


Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more