Quick Answer: What Is Anticipatory Bail In India?

How can I get anticipatory bail in India?

Steps to get an anticipatory bailImmediately contact a good lawyer to apply for anticipatory bail and pre-arrest notice.Draft an anticipatory bail application along with your lawyer and sign it.The application must also include an affidavit supporting it.A copy of the FIR along with other relevant documents must be attached.More items….

Is Fir necessary for anticipatory bail?

It is submitted that even in a case where no FIR is lodged and a person is apprehending his arrest in case the FIR is lodged, in that case, he can apply for “anticipatory bail” and after notice to the Public Prosecutor the Court can grant “anticipatory bail”.

Can police refuse to file an FIR?

Can the police refuse to file my complaint? Yes and no. A police officer can refuse to file your complaint if he believes the case is of petty issue or also if they don’t have the territorial jurisdiction in such cases. Crimes are generally segregated into “cognizable” and “non-cognizable” offences.

Can anticipatory bail Cancelled?

There is no specific provision that allows a court to cancel the order of anticipatory bail. However, in several cases it has held that when Section 438 permits granting anticipatory bail, it is implicit that the court making such order entitle upon appropriate considerations to cancel or recall the order.

Is it easy to get anticipatory bail in 498a?

Generally the bail in matrimonial proceedings are easy but may come with stringent conditions. the Anticipatory bail in cases of 498a/406 are granted easily these days and conditions depends on facts of each case.

Is anticipatory bail for dowry case?

If you have any reason to believe that your wife may file a dowry case against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.

Who can file anticipatory bail?

According to sub-section 1, any person can apply for anticipatory bail if he has a reason to believe that he may be arrested on accusation of having committed non-bailable offence.

How does bail work India?

Conditions for bail in non- bailable offence are: If the accused is a woman or a child, bail can be granted in a non-bailable offence. If there is lack of evidence then bail in non-Bailable offences can be granted. If there is delay in lodging FIR by the complainant, bail may be granted. If the accused is gravely sick.

How long does it take to get anticipatory bail in India?

15 to 30 daysAnswers (3) Sir normally the bail takes 15 to 30 days, as when you file a petition then the public prosecutor receives the petition he will file objections which takes few days, thereafter the arguments are heard then orders are passed , the whole process takes 15 to 30 days normally.

Can police grant bail in India?

In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court.

Why is anticipatory bail important?

This provision allows a person to seek bail in anticipation of an arrest on accusation of non-bail able offence having committed by him. … It is a direction to release a person on bail, issued even before the person is arrested.

What is the difference between anticipatory bail and regular bail?

The essential difference between regular bail and anticipatory bail is that while a regular bail is applied for by a person/ accused only after his arrest, anticipatory bail (“Anticipatory Bail”) is applied for by a person in anticipation of his arrest and to secure orders from court to prevent the actual arrest.

What is mean by anticipatory bail?

As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made. … The provision empowers only the Sessions Court and High Court to grant anticipatory bail.

What happens after bail is granted India?

The court can impose any condition which it thinks is necessary. It further provides that any condition which the Magistrate imposes can be set aside if the High Court has granted bail after giving notice to the public prosecutor. … Under both of these Sections, the courts can again direct the arrest of that person.

What happens if someone is on bail?

Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. If a person is charged and released by the police on bail, the first court appearance must be within 28 days from the date of the charge. …