ANTICIPATORY BAILS

Anticipatory bail is a type of bail that can be granted to a person in India, when they anticipate arrest on false or frivolous charges. It allows the person to seek pre-arrest bail, so that they may not be arrested or detained by the police. The person can approach a court for anticipatory bail if they have reason to believe that an FIR has been filed against them or that they may be arrested for a non-bailable offense. The court has the discretion to grant or deny anticipatory bail based on the facts and circumstances of each case. The purpose of anticipatory bail is to prevent the abuse of arrest by the police and to ensure that the personal liberty of citizens is protected.  

Anticipatory Bail CRPC

Anticipatory bail is provided under Section 438 of the Criminal Procedure Code (CrPC) in India. It empowers a High Court or a Sessions Court to grant bail to a person who has reason to believe that they may be arrested on an accusation of having committed a non-bailable offense. The person can make an application for anticipatory bail before their arrest, and the court may impose conditions for the grant of bail, such as a requirement to deposit a bond, appear before the investigating officer as and when required, or not leave the jurisdiction of the court without permission.

The grant of anticipatory bail is discretionary and the court must consider various factors such as the nature and gravity of the offense, the likelihood of the accused person absconding or interfering with the investigation, and the need for custodial interrogation. If the court finds that the person is not likely to misuse their liberty if granted anticipatory bail, it may grant the bail, thereby providing protection against arbitrary or unjustified arrest.

 

Anticipatory Bail Cost

The cost of obtaining anticipatory bail in India can vary depending on several factors, such as the complexity of the case, the experience and reputation of the lawyer, and the location of the court. On average, it can range from a few thousand to several lakhs of Rupees. However, it is important to note that the cost of anticipatory bail is just one of many factors that should be considered when seeking legal representation. It is advisable to choose a lawyer who has experience in handling similar cases and who can provide high-quality representation at a reasonable cost. Additionally, it is important to understand that the cost of anticipatory bail may be an investment in protecting one’s personal liberty and reputation, and may be a small price to pay for the peace of mind that comes with being prepared for the legal process.

 

Anticipatory Bail Application Format

An anticipatory bail application in India typically contains the following elements:

  1. Introduction: The introduction should mention the purpose of the application and provide a brief background of the case.
  2. Parties: The names and addresses of the applicant (the person seeking anticipatory bail) and the complainants should be mentioned.
  3. Facts of the case: The facts of the case should be briefly stated, including the allegations made against the applicant and the reasons for the applicant’s belief that they may be arrested.
  4. Grounds for grant of anticipatory bail: The grounds for grant of anticipatory bail should be stated, including the provisions of law under which the application is made, and the facts and circumstances of the case that justify the grant of bail.
  5. Prayers: The prayers, or the specific relief sought by the applicant, should be stated. For example, the applicant may pray for the grant of anticipatory bail, the imposition of certain conditions for the grant of bail, or any other relief that the applicant deems fit.
  6. Affidavit: An affidavit, or a sworn statement, should be attached to the application, setting out the facts of the case and the grounds for the grant of anticipatory bail.
  7. Signature of the applicant: The application should be signed by the applicant or their lawyer, and should be filed in the appropriate court, such as a High Court or a Sessions Court, depending on the facts and circumstances of the case.

It is advisable to consult with a lawyer while preparing an anticipatory bail application, as they can provide legal advice and assist with drafting the application in accordance with the laws and procedures of the court.

 

Anticipatory Bail for 498a

Section 498A of the Indian Penal Code (IPC) deals with cruelty by a husband or his relatives towards a married woman. If a complaint is made under this section, the police may arrest the accused person without a warrant. In such cases, an anticipatory bail can be sought by the accused to protect themselves from arrest.

To obtain anticipatory bail in cases of cruelty under Section 498A of the IPC, the accused person must approach a court, such as a High Court or a Sessions Court, and make an application for anticipatory bail. The court may grant anticipatory bail if it is satisfied that there are reasonable grounds to believe that the arrest of the accused is not necessary and that the accused is not likely to abscond or interfere with the investigation.

The grant of anticipatory bail in cases of cruelty under Section 498A of the IPC is discretionary and depends on the facts and circumstances of each case. The court may consider various factors, such as the nature and gravity of the offense, the likelihood of the accused person absconding or interfering with the investigation, and the need for custodial interrogation.

It is advisable to consult with a lawyer while seeking anticipatory bail in cases of cruelty under Section 498A of the IPC, as they can provide legal advice and assist with drafting the application in accordance with the laws and procedures of the court.

 

Difference between Anticipatory Bail and Regular Bail

Anticipatory bail and regular bail are both forms of bail that are granted to accused persons in India, but there are some key differences between the two:

  1. Timing: Anticipatory bail is granted before arrest, while regular bail is granted after arrest. Anticipatory bail is sought when a person has reason to believe that they may be arrested, while regular bail is sought after a person has been arrested and produced before a court.

  2. Purpose: The purpose of anticipatory bail is to prevent arrest, while the purpose of regular bail is to secure the release of an accused person after arrest.

  3. Application procedure: Anticipatory bail is obtained by making an application to a court, such as a High Court or a Sessions Court, before arrest. Regular bail is obtained by making an application to a court after arrest.

  4. Discretionary power: The grant of anticipatory bail is discretionary, and the court must consider various factors, such as the nature and gravity of the offense, the likelihood of the accused person absconding or interfering with the investigation, and the need for custodial interrogation. The grant of regular bail, on the other hand, is a matter of right in certain cases, such as bailable offenses, and is discretionary in other cases, such as non-bailable offenses.

  5. Conditions: The court may impose conditions for the grant of both anticipatory bail and regular bail, such as a requirement to deposit a bond, appear before the investigating officer as and when required, or not leave the jurisdiction of the court without permission.

It is important to note that anticipatory bail is not available in all cases and may be denied by the court if it is not satisfied with the grounds for the grant of bail. In such cases, the accused person may be required to seek regular bail after arrest.

 

Tapan Choudhury,
Advocate,
Mob- 9873628941
Email ID   tapsash@gmail.com

FOR FILING Anticipatory Bails

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