Application for Anticipatory Bail

Connect with a lawyer to apply for pre-arrest notice and anticipatory bail

It is recommended to engage a criminal lawyer when a criminal complaint or FIR has been lodged. A suitable course of action may be decided upon once engaged, including application for pre-arrest notice, notice bail or anticipatory bail.

Get the lawyer draft an anticipatory bail that mentions your version of the facts

The lawyer will draft an anticipatory bail application explaining why the bail is to be issued while presenting your version of the facts concerning the matter.

Apply to the relevant district court or high tribunal

When the request for an anticipatory bail has been prepared, the

lawyer must file the same with an appropriate Sessions court.

Bail Application Hearing

The lawyer must show up and present the case when the matter comes up for hearing. If the judge sees the case fit to grant anticipatory bail, the accused is granted with anticipatory bail. In case the application for anticipatory bail is rejected in the Sessions Court, the application may be lodged with the High Court. If the bail is declined by the High Court as well, the application may be brought before the Supreme Court.

Anticipatory bail application procedure in India

The procedure followed will change according to whether an FIR has been filed or not.

In case FIR is not filed.

• The public prosecutor will speak with the appropriate police officer.
• As no FIR has been filed, the prosecutor believes that there is no reason to grant anticipatory bail.
• The judge agrees, and your lawyer is verbally requested to withdraw the anticipatory bail.
• The lawyer will make an oral prayer seven days before the arrest if the police express an intention to arrest you / your family.
• The judge will, in all likelihood give this plea. An order is issued accordingly. It is commonly called notice bail.
• If the bail application is declined, you can apply to the High Court.
• You could apply to the Supreme Court if the High Court also rejects the bail.

In case FIR is Filed

• In cases where the FIR is filed, a notice of arrest shall be sent by the investigating officer
• Once this notice is received, an anticipatory bail should be applied for according to the same procedure as above

Bailable and Non-Bailable Offences

Under the relevant provisions of the CrPC (Code of Criminal Procedure), 1973, a person should apply for bail, depending on the type of offence that the police have registered. Section 436 provides that when an individual other than an individual accused of a non-bailable offences is detained or arrested without warrant by an officer in charge of a police station, or shows up or is presented before the Court, and is ready at any time during the custody of such officer or at any level of the proceeding before such Court to grant bail, such an individual shall be released on bail.

Conditions that may be imposed by the Court:

In the light of the facts of a particular case, such conditions may be included by the Session Court or the High Court as may think fit, including:

• a condition that the individual shall make himself available for interrogation by the officer of police as and when needed
• a condition that the individual does not make any inducement, threat or promise, directly or indirectly, to any person familiar with the facts of the case to dissuade him from disclosing those facts to the Court or any police officer
• a condition that the person shall not leave India without the previous permission of the Court.