Know How to apply for Anticipatory Bail

What is Anticipatory Bail?
Anticipatory Bail is a provision made under section 438 (1) that is granted to a person in anticipation of an arrest. This means a person on the verge of getting arrested can be released even before going to jail if they seek anticipatory bail. The primary purpose of this provision is to relieve an accused person from imprisonment until they are proven guilty of the crime.

Why is Anticipatory Bail beneficial?
Anticipatory bail is also known as pre-arrest bail. It can be used as a medium to safeguard a person from getting arrested. When the court grants anticipatory bail before the arrest, the accused person does not even have to be under police custody for regular investigation. They just need to be present at the trials to assist in further investigation. Anticipatory bail is mostly helpful for those charged with a false case. During the bail, the person gets time to gather witnesses and make the case in their favor.

Is Anticipatory Bail permanent?
Anticipatory bail is not permanent. Generally, the duration of anticipatory bail is valid till the day of the next trial. Still, in most cases, it is followed as regular bail, which keeps a person on bail until sentencing. Due to this reason, criminals belonging to powerful backgrounds get a chance to disregard interrogation for a long time.

Who are eligible to apply for Anticipatory Bail?
Any person who anticipates arrest can apply for anticipatory bail. However, this provision is particularly established for the legal rights of people falsely accused of committing an offense and not for the criminals to escape criminal charges.

Which Courts have jurisdiction for Anticipatory Bail?
If a person thinks they have been falsely accused of committing a non-bailable offense, they can opt for an anticipatory bail or Bail Special Leave Petition to the sessions court or High Court. Both courts will give the direction to release the person on bail. However, it is not guaranteed that the courts will accept the bail application in every case. If the bail is rejected in the sessions court, it can be moved to High Court. If High Court rejects the bail, the person can file a Transfer petition in supreme court.

How to apply for Anticipatory Bail Application?
Following are the steps to apply for anticipatory bail
Contact a lawyer- If you are willing to apply for anticipatory bail, you should first engage with the best professional lawyer in your area.

• A criminal lawyer will help you to fill anticipatory bail application step by step.

• Draft anticipatory bail application- The lawyers draft a bail application stating the facts about the case and your reasons for being under bail.

Apply at the suitable court- Once the anticipatory bail application is drafted,

• The lawyer would send the draft to the court you want to appeal to. The applicant can also apply for Bail from Supreme Court if their application gets rejected by the high court.

• Wait for the heading of the bail application- The applicant, along with their lawyer, needs to be present in court during the day of the hearing. If the judges specify the need for Anticipatory Bail from Supreme Court, it will grant bail until the next hearing.

What are the things to consider while applying for

Anticipatory Bail?
Anticipatory bail has criteria that an applicant must follow to apply for bail application. In bail application, the applicant is required to state their reasons for expecting an arrest for a non-bailable offense. The court then issues an order to free the accused person. However, the sessions court can also change its order at any time and may order to arrest the accused who has been released on bail. There are certain conditions that an applicant must consider while applying for anticipatory bail application which include

• The applicant should be available for interrogation by the police or court whenever it is required

• The applicant must not directly or indirectly persuade any witness to change their statement with threats or reward.

• The applicant should not leave the country without the permission of the court.

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Created on Dec 11th 2022 21:07. Viewed 215 times.

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