Bail is meant to be a matter of right. One cannot get it free. The amount of bail must be fixed with due regard to the status and income of the accused and the gravity of the offense alleged against him. Advocate Naman Mohnot helps in filing the Anticipatory Bail in Rajasthan. When no definite rule is laid down by statute or otherwise as to what should be the amount of bail, purely factual considerations will have to be taken into account in fixing it. Bail may be defined as the release of an accused person by a Court on his executing a bail bond or personal bond with or without sureties so as to secure his attendance in accordance with the conditions imposed by the Court while releasing him. The Anticipatory bail is filed under section 438 of the CrPC. It is of two kinds-
- Anticipatory Bail and
- Regular Bail.
Under Section 438 of the Code of Criminal Procedure, 1973 (CrPC), a person arrested on the accusation of having committed a non-bailable and cognizable offense may be released on bail by the Court. An application for anticipatory bail can only be made once the accused is already in the custody of the police. Anticipatory bail is granted to ensure that a person accused of an offence is available for trial, but will not be able to avoid arrest or commit further crimes while out on bail.
The situation where Anticipatory Bail can be granted
If you are accused of committing a non-bailable offense, you have the right to apply for bail. If your arrest is likely and there is strong evidence against you, your application will not be considered by the Court. You must be ready to show that you are not guilty of the accusation and that if released on bail, you will not commit any new offense and will come to court when required.
You may apply for an order of anticipatory bail provided before applying for relief as above (i.e. under Section 439/439A and/or Section 441 of the Code). The court will have to keep in mind all the requirements mentioned above while considering your application. The burden is on you to prove that the accusations against you are unfounded, false or baseless.
Conditions that may be imposed by the Court while Granting the Bail in Rajasthan High Court and Other High Courts
- A condition that the person shall make himself available for interrogation by a 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;
- Such other condition as may be imposed under Sub-Section (3) of section 437, as if the bail were granted under that section.
Procedure for Granting Anticipatory Bail in Rajasthan
It would be prudent to secure the services of a lawyer experienced and qualified in criminal law once you or your relative is arrested for any offense and detained in a police station. Once hired, the lawyer would work along with an advocate in Rajasthan High Court to help you understand the exact charges against you or your relative and guide you on making an application for anticipatory bail without fail.
Anticipatory bail is a device to secure the individual’s liberty; it is neither a passport to the commission of crimes nor a shield against any and all kinds of accusation, likely or unlikely. The Supreme Court of India has emphasized on this point time and again through various judgments. This article tries to throw light on some important aspects with regards to Anticipatory bail in Jodhpur, Rajasthan, India.
ADVOCATE NAMAN MOHNOT IS ONE OF THE BEST ADVOCATE LAWYER OF RAJASTHAN HIGH COURT, JODHPUR
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Advocate NAMAN MOHNOT deals with the matter to criminal trial, anticipatory bail, regular bail , criminal appeal in Rajasthan high court Jodhpur, criminal trial procedure, bail, corruption, excise matters and the matters for quashing of false FIR. He handles Criminal appeals, Criminal revisions, and suspension of sentence before the High Court of Rajasthan, Jodhpur and appeal/SLP before the Supreme Court of India. Our team is having best criminal lawyer in Jodhpur top criminal advocate of high court Jodhpur best bail criminal advocate in Jodhpur for effective defence in criminal matters