When the application of anticipatory bail is rejected by the Court of Session, then a fresh application can be made in the High Court. The Court within whose jurisdiction the arrest has been apprehended has the jurisdiction to admit the application of anticipatory bail. In this article , we are going to discuss about How To File An Anticipatory Bail Application
Latest Update
The government has introduced several amendments to the SC-ST Act, explicitly stating that Anticipatory Bail Application is not available under this Act. These amendments have been approved by Parliament, making it clear that there is no provision for anticipatory bail in the law concerning atrocities under the SC/ST Act.
Introduction
In accordance with Section 438 of the Criminal Procedure Code, individuals who fear or have reason to believe that they may be falsely arrested due to enmity or in connection with a false case can submit an anticipatory bail application.
This application can be filed before a Court of Sessions or the High Court, seeking bail in anticipation of an arrest. The court, if deemed appropriate, may direct the release on bail in the event of an arrest.
| The jurisdiction to admit an anticipatory bail application lies with the Court within whose jurisdiction the arrest is anticipated. |
How To File An Anticipatory Bail Application
Initiating an anticipatory bail application as soon as an individual becomes aware of a false case against them or the potential filing of one is of utmost importance. Here is an overview of the process of filing an anticipatory bail application.
How to Apply for Anticipatory Bail
- Engage a legal expert from Vakilsearch to seek pre-arrest notice, notice bail, or anticipatory bail after a criminal complaint or FIR is filed.
- Have a lawyer draft an anticipatory bail application, presenting your version of the facts.
- File an application at the appropriate district court or high court.
- Attend the hearing with the lawyer, who will present the case on your behalf.
| If the judge deems it fit, anticipatory bail may be granted. If rejected in the Sessions Court, an application can be made to the High Court and then the Supreme Court if needed. |
Requirements for Applicants
When granting anticipatory bail, the relevant High Court or Court of Sessions may deem it necessary to impose specific conditions on the applicant, tailored to the unique circumstances of the case. These conditions might involve the following:
1. Availability for Interrogation
The applicant must be accessible for police interrogation whenever required.
2. Restriction on Influencing Witnesses
The applicant is prohibited from directly or indirectly offering inducements, making threats, or giving promises to any person with knowledge of the case. This is to prevent any efforts to dissuade individuals from disclosing facts to the court or police.
3. Travel Restrictions
The applicant is restricted from leaving the country or a designated territory without obtaining prior permission from the court.
Conclusion
To sum up, there is no reason for an individual who has been granted Anticipatory Bail to be taken into custody unless and until the Anticipatory Bail granted is revoked by the court as a result of a breach of an imposed condition by that individual.
For assistance or queries, please feel free to contact our team or leave a comment below.
Frequently Asked Questions on Anticipatory Bail
What is anticipatory bail?
Anticipatory bail is a legal provision that allows a person to seek bail in anticipation of an arrest. It is a pre-arrest legal remedy that can be sought by a person who apprehends arrest in a non-bailable offence.
Who can apply for anticipatory bail?
Any person who has a reasonable apprehension of arrest in a non-bailable offence can apply for anticipatory bail. The person can be an accused, a suspect, or a witness.
What is the procedure for applying for anticipatory bail?
The procedure for applying for anticipatory bail varies from state to state. Generally, the person seeking anticipatory bail has to file an application before the court of competent jurisdiction. The application should contain the grounds on which anticipatory bail is sought and the reasons why the person apprehends arrest
What are the grounds for granting anticipatory bail?
The grounds for granting anticipatory bail are the same as those for granting regular bail. The court considers factors such as the nature and gravity of the offence, the antecedents of the accused, the possibility of the accused fleeing from justice, and the likelihood of the accused tampering with evidence.
How long does anticipatory bail last?
Anticipatory bail is valid until the final disposal of the case. However, the court may cancel anticipatory bail if the accused violates any of the conditions imposed by the court while granting anticipatory bail.
Can anticipatory bail be granted after arrest?
No, anticipatory bail cannot be granted after arrest. Once a person is arrested, he or she can only seek regular bail.
Is it necessary to surrender before seeking anticipatory bail?
No, it is not necessary to surrender before seeking anticipatory bail. In fact, the whole purpose of anticipatory bail is to avoid arrest and surrender.
