How to get an anticipatory bail?

1. Contact a good advocate immediately to apply for pre-arrest notice

and anticipatory bail.

1. Draft an anticipatory bail application with the help of your advocate with your signature.
2. The application should also include an affidavit that supports it.
3. A copy of the FIR and other relevant documents should be attached.
4. The application must be filed in the appropriate district court.
5. One must send someone with the lawyer to hear the application in the court.
6. The protection under anticipatory bail is available, till the trial ends.

Two situations may prevail after the above procedure:

1. If no FIR is filed:

• There are no reasons for giving a bail.
• Your lawyer must request the court to give you a pre-arrest notice instead.
• If granted, use the pre-arrest notice period to apply for anticipatory bail.
• If the bail application is rejected, one can give an application to the High Court and later to the Supreme Court.

2. If an FIR has been filed:

• A notice of arrest will be sent to you by the investigating office seven days before the arrest is made.
• You can file for an anticipatory bail during this time.

Conditions on which the anticipatory bail is given:

• The gravity and nature of the accusation;
• A reason to believe that you may be arrested
• One shall make themselves available to the police for questioning as and when needed;
• You shall not make any promise or threat to the witnesses.
• You must not leave India, without the court’s permission
• It is not a pre-condition to file the First Information Report (FIR) for anticipatory bail.

How long is the anticipatory bail valid?

Once the anticipatory bail is granted, it remains typically valid till the case is disposed. However, in some instances, the court decides the time for which the bail is given. If one has an anticipatory bail, they do not need a regular bail unless the court orders an arrest.

What to do if the anticipatory bail is rejected?

If the anticipatory bail application is denied in the Sessions court, you could approach the High Court or further to the Supreme Court.

What happens after anticipatory bail?

The procedure to be followed once the bail is granted is as follows:

1. You must be present at the police station; whenever you are required.
2. One must take their friends or relatives along, who will act as surety.
3. Your sureties must bring the bail amount as mentioned by the court.
4. You and your sureties will be asked to sign a bail bond. A bail bond is a document that mentions about forfeiture of the bail amount and other legal consequences, in case one does not adhere to the directions of the court.
5. The judge decides the bail amount.
6. Sometimes you may be ordered to keep your property as a security for bail. Your property can be sold or seized by the court if you do not appear when needed.

Rights under anticipatory bail

Once the anticipatory bail has been acquired, the police cannot arrest you for the time stated in the bail order. But if a person fails to adhere to the conditions stated by the court, based on which the bail has been given, the court may direct the arrest.

Can an anticipatory bail be cancelled?

No specific provision is available for the cancellation of a bail. But the High Court can cancel a bail based on certain conditions to meet the ends of justice.

The opposite party or the police can request cancellation of the anticipatory bail, in case one violates any of the directions ordered by the court.

Basic expenditure to get an anticipatory bail

Consulting a lawyer is a requisite to get an anticipatory bail; thus, one must be aware of the cost that is required for the same. An anticipatory bail can cost Rs.25,000 to Rs.30,000, depending on the seriousness of the case and the skills and experience of your lawyer.