Application for Anticipatory bail in India

Application for Anticipatory bail in India

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The criminal procedure code in its section 438 gives the provision for the person to seek anticipatory bail. The main purpose of such bail is to safeguard a person from the false accusations he may face, and is more common in cases involving personal and professional disputes. This bail is offered to someone in anticipation of being accused in a non – billable offence. There has to be proper and reasonable reasons to be given to apply for the bail, to seek the same the person must approach the courts of sessions or the high court and citing section 438 of the criminal procedure code if the court deems fit he will be released. While granting the bail court looks into following consideration or points :

  1. The past record of the applicant, his character and criminal charges if any
  2. The nature and the gravity of the accusations.
  3. The present case scenario is the case frivolity or it has some substance.
  4. The possibility of the applicant hurting or causing threat to the outside world.
  5. The chances that the applicant may flee after been granted bail .

These bail come handy esp. in the cases of the criminal cases, especially those pertaining to dowry. This type of bail is applied for anticipation of a arrest , if the accused has a reason to believe that he / she may get arrested for a crime which he didn’t did he / she has the right to apply to such bails . One may apply for anticipatory bail after learning about a criminal complaint made against them to the police by their wife, or by any threats made by her family against the accused family.

THE CONDITION ON WHICH BAIL WILL BE GIVEN 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.

Procedure for the anticipatory bail application in India

When FIR has not been filed

In case when the FIR has not been files the lawyer will first to the police officer concerned since no FIR has been filed the judge will agree and ask the accused to withdrawn the bail. The lawyer in most number of cases makes a oral prayer to the judge for a 7 days pre arrest notice in case the police decides to arrest the accused or his family. The judge will allow this plea. If the bail is rejected one can go to high court , if from there also it can go to supreme court .

When FIR has been filed

In this case FIR has been filed the officer will send a notice of arrest, as soon as the notice is received the same procedure as above has to be followed.

Author: This blog is written by  Mr. Shubhang Gomasta, student of Tamil Nadu National Law School , a passionate blogger & intern at  Aapka Consultant.

 

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