Only after FIR is lodged can you apply for AB
2) you cannot obtain AB before occurrence of relevant incident
Anticipatory bail
What is the procedure for taking anticipatory bell step by step? Can I take this bell before occurrence of the relevant incident only on the basis suspecting??
Asked 6 years ago in Criminal Law
Religion: Hindu
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13 Answers
1. IF a person anticipates or suspects, arrest from any authority for any offence, whatsoever, THEN the person is entitled to apply for "Anticipatory Bail (AB)", in the nearest judges court (Session /High Courts), thru his lawyer.
2. Typically an Application, undertaking, Bond, Sureties, property documents, aadhar, PAN, residence proof etc.... would be required to be furnished in court.
Yes you can apply before filing of FIR too. The court will provide you protection in the same
AB can be file even before filling FIR. Apprehension of arrest is reason for AB. It will file either before session court or High court.
If you criminal complaint filed against you and you have anticipation of arrest then you can file anticipatory bail or if FIR is launched against you.
Anticipatory bail can be filed under section 438 of crpc at session court if dismissed the you can approach high court. It all depends on case to case basis
You have to file for anticipatory bail before sessions court. See you can file anticipatory bail.after incident though without an FIT without occurrence of any incident you cannot file.
An application for anticipatory bail is allowed only when there is FIR registered.
Before the registration of FIR the court can not pass order on anticipatory bail though it can on certain conditions direct the police to give notice to the accused person about the registration of anticipatory bail.
So if the FIR is registered the FIR named person can apply for it and the court is at discretion to determine whether the applicant merits anticipatory bail or not considering the gravity of offence.
1. When someone lodge FIR against the accused person and accused person suspect then police will arrest him then he can apply for anticipatory bail for apprehension of arrest.
2. A person cannot file anticipatory bail just due to suspected lodging of FIR.
3. The process for filing anticipatory bail is same as regular bail application.
1. The procedure is simple-engage a lawyer and then file the petition for anticipatory bail.
2. Anticipatory Bail cannot be sought in respect of a future incident.
An application for anticipatory bail can be filed before sessions court of high court.
An application fort AB can be filed only when there is an FIR pending against the individual.
No application for AB will be entertained by court without any occurrence or event for which the bail is sought.
Dear Sir,
Steps to get an anticipatory bail
How to get an anticipatory bail?
Follow these 7 steps to get anticipatory bail:
Follow these 7 steps to get anticipatory bail:
- Immediately 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.
- File the application in appropriate district court.
- You must send somebody with your lawyer to the court for the hearing of your application.
- The protection under anticipatory bail is available to you, till the end of the trial.
After the above procedure, there are two situations that may prevail:
1. When no FIR has been filed:
- In such a situation, there will be no grounds for granting a bail.
- Your lawyer must request the court to grant you a pre-arrest notice instead.
- If granted, use this pre-arrest notice period to apply for anticipatory bail.
- If your bail application is rejected, you can apply to the High Court and further to Supreme Court.
2. When an FIR has been filed:
- The investigating officer will send you a notice of arrest 7 days before arresting you.
- In this time period, you can file for an anticipatory bail.
Conditions based on which the anticipatory bail is granted:
- The nature and gravity of the accusation;
- Reason to believe that, you may be arrested.
- You shall make yourself available for questioning by the police officer as and when required;
- You shall not make any threat or promise to any witnesses.
- You shall not leave India, without the previous permission of the court.
- Filing of First Information Report (FIR) is not a pre-condition for filing for an anticipatory bail.
For how long is my anticipatory bail valid?
Once you get an anticipatory bail, it normally remains valid till your case is completely disposed of. However, in few cases the court decides the time period for which the bail is granted. If you have an anticipatory bail, you do not need a regular bail unless the court orders arrest.
What to do if my anticipatory bail is rejected?
If your anticipatory bail application is refused in Sessions court, you can approach the High Court or further to the Supreme Court.
What next after anticipatory bail?
The procedure that is followed once bail is granted to you:
Once you get an anticipatory bail, it normally remains valid till your case is completely disposed of. However, in few cases the court decides the time period for which the bail is granted. If you have an anticipatory bail, you do not need a regular bail unless the court orders arrest.
What to do if my anticipatory bail is rejected?
If your anticipatory bail application is refused in Sessions court, you can approach the High Court or further to the Supreme Court.
What next after anticipatory bail?
The procedure that is followed once bail is granted to you:
- You are required to be present at the police station; whenever you are called.
- You should take your friends or relatives along with you, who shall act as your surety.
- Your sureties should carry the required bail amount as directed by the court.
- You and your sureties will be required to sign a bail bond, which is a document that mentions about forfeiture of the bail amount and other legal consequences, in case you do not follow the directions of the court.
- The bail amount is decided by the judge.
- Sometimes you may be directed to keep your property as a security for bail. Your property can be seized or sold, if you do not appear when required by the court.
Rights under anticipatory bail
Once you have acquired an anticipatory bail, the police cannot arrest you for the time period mentioned in the bail order. But if you fail to abide by the conditions put forward by the court, on basis of which the bail has been granted, the court may direct your arrest.
Can an anticipatory bail be cancelled?
There is no specific provision for cancellation of bail, but a bail can be cancelled by the High Court based on certain grounds to meet the ends of justice.
A request for cancellation of the anticipatory bail can also be made by the opposite party or the police, in case you violate any of the directions imposed by the Court.
Basic expenditure to get an anticipatory bail
Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs.25,000 to Rs.30,000, depending on the seriousness of your case and the skills and experience of your lawyer.
Once you have acquired an anticipatory bail, the police cannot arrest you for the time period mentioned in the bail order. But if you fail to abide by the conditions put forward by the court, on basis of which the bail has been granted, the court may direct your arrest.
Can an anticipatory bail be cancelled?
There is no specific provision for cancellation of bail, but a bail can be cancelled by the High Court based on certain grounds to meet the ends of justice.
A request for cancellation of the anticipatory bail can also be made by the opposite party or the police, in case you violate any of the directions imposed by the Court.
Basic expenditure to get an anticipatory bail
Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs.25,000 to Rs.30,000, depending on the seriousness of your case and the skills and experience of your lawyer.
1. AB can be availed only after FIR is drawn on you.
2. So, there shall have to be a police complaint lodged against you alleging offences committed by you for which charges under non bailable sections IPC can be put.
3. Based on the said complaint, the police shall have to find prima facie evidence in support of the said complaint and draw FIR against you and inform you. In case the charge attracts punishment for more than 7 years, then police will first arrest you without giving any information.
4. After coming to know about the FIR no. and the police station where it has been registered, you shall have to file the AB application and avail the anticipatory bail..
Anticipatory bail is applied for in anticipation of arrest. It is a direction to release a person on bail, issued before the person is arrested. If the person has a reason to believe that he might get arrested for a crime for which he has been falsely implicated, then he has the right to apply for this type of bail. One may apply for anticipatory bail after learning that a criminal complaint has been filed against him.
Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail.
It is advisable to engage a criminal lawyer once a criminal complaint or FIR has been lodged. Once engaged, a suitable course of action including application for pre-arrest notice, notice bail or anticipatory bail can be decided upon.
