Detailed Step-by-Step Procedures for Grant of Anticipatory Bail Application Cases

Criminal Law
Anticipatory Bail Application Lawyers in Chennai

When someone is facing criminal charges, one of their top priorities should be to file for anticipatory bail.

Bail / Anticipatory Bail Grant

Anticipatory Bail Application before the court is filed when someone is facing criminal charges, one of their top priorities should be to file for anticipatory bail. An anticipatory bail is a legal tool that allows suspects to request temporary freedom from detention while a criminal case is pending against them. This type of bail can be filed by anyone who has been charged with a crime and believes that they could potentially be jailed if convicted.  

Anticipatory bail, also known as provisional bail or pre-arrest bail, is a legal procedure in which a defendant requests that they be released from custody before they are officially arrested. This type of bail is often granted on the condition that the defendant will make all necessary court appearances and not try to evade justice. Anticipatory bail can be important for protecting the rights of defendants who are believed to have committed a crime but who have not yet been detained by authorities. However, it can also be controversial, as some believe that granting anticipatory bail gives undue protection to those seeking to avoid prosecution for their alleged crimes. Despite this debate, anticipatory bail remains an important part of the criminal justice system in many countries around the world. 

The decision to file for anticipatory bail can be a difficult one. It requires careful consideration of the case against you, as well as your likelihood of success in court. However, it can also provide important protections for individuals who are seeking to defend themselves against accusations of wrongdoing. For this reason, it is often in the best interests of defendants to seek assistance from an experienced lawyer when filing an application for anticipatory bail. With the right legal help, you can ensure that your rights and interests are fully protected throughout the legal process ahead.

Anticipatory Bail Procedures filing Procedures in Indian Courts 

Documents to be filed while filing the anticipatory bail

It is important to file the following documents whiling the anticipatory bail before the Court 

  • Coding Sheet 
  • Memo of appearance 
  • Petition for Anticipatory Bail with Affidavit (2 sets) (Anticipatory Bail Application Format)
  • First Information Report or Proof of imminent Arrest 
  • Typed set of Documents to be filed in support of Anticipatory Bail 

Who can file the Anticipatory Bail 

Any person (or his appointed advocate) who believes that an arrest is imminent and he/she can file the anticipatory bail even if the crime number provided or not known by such petitioner. The Anticipatory Bail Application shall be filed under Section 438(2) of the Criminal Procedure Code

Where can the anticipatory bail petition be filed? 

The High Court of such jurisdiction is vested with the power to hear and grant anticipatory bail to the petitioner.  

How should the petition present the Anticipatory Bail application before the Court? 

The petitioner or his appointed advocate should compile all the documents related to his/her anticipatory bail application and the same shall be submitted before the Court Official at the filing section of such High Court?  

What is the procedure adopted by the filing section before listing the bail application before the court? 

After the submission of the complete set of documents along with the petition for anticipatory bail application, the Court Official would review the documents. identify any mistake or error. In case of any such error the court would inform the petitioner or his advocate to rectify the errors and resubmit the anticipatory bail petition within the given timeline. In case of no errors or the identified errors are rectified the court will list the case on next available date before the Court. 

How does the court decide the anticipatory bail application before granting or refusing relief to the petitioner? 

On the hearing date, either the petitioner or their appointed advocate will represent it before the court and submit the facts and evidence to grant anticipatory bail for the applicant. Commonly, the court will grant the anticipatory bail to the petitioner if it finds there is a prima facie case has been made out to grant the bail to the petitioner. In some cases, the court adjourns the case by issuing a notice to the State to file its response about why the petitioner’s anticipatory bail cannot be granted. The public prosecutor appointed for the state in this matter will seek instruction from the Police officials and makes his arguments why the anticipatory bail shall not be granted.  

The court shall hear both the arguments and either grant or reject the bail application based on the presented arguments and evidence. In case of granting the anticipatory bail, the court may issue the same with the conditions of bail bond.  

DOCUMENTS TO BE FILED FOR ANTICIPATORY BAIL 
Coding Sheet Memo of appearance/Vakalat for Bail Application Petition for Anticipatory Bail with Affidavit (2 sets) for the court and PoliceFirst Information Report if available or Proof of imminent Arrest, Typed set of Documents to be filed in support of Anticipatory Bail  
FILING OF PETITION
Whenever an arrest is apprehended even when crime number not provided the bail application can be filed before the court
JURISDICTION
Before the Jurisdiction of the High Court 
SUBMISSION 
Create a bundle of all the documents and submit it to the Court Official at the Sections in the High Court 
REVIEW 
Once the bundle is submitted in the Sections, the Court Official would review the documents. After reviewing the documents, if the court official finds a mistake or an error, he would ask you to correct the same and resubmit it within 10 days. If the court official finds no mistake or error in the documents submitted, then a number would be assigned to the case and a hearing date would be given. 
BAIL APPLICATION HEARING 
There would be a hearing scheduled by the court, the person must try to accompany the Lawyer to the court so that the court can hear their version of the case. 
NOTICE TO PUBLIC PROSECUTOR IN BAIL APPLICATION
A notice should be issued to the Public Prosecutor or the Government advocate representing the State before passing final order granting anticipatory bail. 
COUNTER STATEMENT BY THE STATE
The Public Prosecutor files for counter and presents his case. 
COURT ORDER
The Court after hearing to both the counsels either grants or dismiss the petition for Bail. 

Bail Bond in Anticipatory Bail

Bail bonds are a common component of the criminal justice system, allowing accused individuals to secure their release from jail pre-trial. In most cases, bail bonds are granted to defendants who can reasonably demonstrate that they have no intention of fleeing and that they have strong ties to the community. However, there are certain situations where an individual may make bail without ever leaving jail. The bail bond is sought to protect certain vulnerable individuals who may be at risk if released into the community.

Whether it is because they may have little support or because they have been abused in the past, these individuals are considered a flight or safety risk and are typically only released upon payment of a substantial bail bond. As such, bail bonds for anticipatory bail serve an important function in maintaining public safety and ensuring that everyone receives a fair and equitable hearing in court. 

Cancellation of Anticipatory Bail Application

The Criminal Procedure Code, 1973 provides for the grant of anticipatory bail in cases where a person is apprehended of committing a non-bailable offence. The objective behind granting anticipatory bail is to secure the individual’s personal liberty. Section 438 of the Criminal Procedure Code, 1973 lays down the guidelines for granting anticipatory bail. The provision states that when it appears to a High Court or Sessions Court that a person has been accused of, or is suspected of, committing a non-bailable offence, the court may grant him anticipatory bail.

However, the power to grant anticipatory bail is not absolute and is subject to certain conditions. One of the conditions is that the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence. Another condition is that the court must be satisfied that the accused is likely to abscond if granted bail. In view of these conditions, it can be said that the power to grant anticipatory bail is vested in the discretion of the court. 

Bail Application Lawyers in Chennai 

Bail is the temporary release of an accused person awaiting trial, on the personal recognizance of a surety who undertakes to produce him when required. The surety is usually a relative or friend of the accused. Bail may be granted by a police officer or a judicial magistrate. In India, under the Code of Criminal Procedure, 1973, bail can be granted in two ways: (i) Bail bond, and (ii) Personal recognizance.  

A bail application is a request for release from custody pending trial. The defendant or their lawyer makes the bail application to the court. The purpose of the bail application is to convince the court that the defendant should be released from custody until their trial. If the bail application is successful, the defendant will be released on bail. If the bail application is unsuccessful, the defendant will remain in custody until their trial. There are several factors that the court will consider when deciding whether to grant a bail application, including the severity of the offense, the likelihood of conviction, and the risk of reoffending. 

Bail lawyers in Chennai can help you navigate the complicated legal system and obtain the best possible outcome for your case. If you have been accused of a crime, it is important to understand the bail process and what your options are. A bail lawyer can explain the charges against you, the potential consequences of a conviction, and the likelihood of success if you choose to go to trial. In addition, a bail lawyer can assist you in filing for bail and working out a payment plan. If you are facing serious charges, it is essential to have an experienced professional on your side. Contact a bail lawyer today to discuss your case and begin exploring your options. 

Bail Bond in Bail Application

A ‘bail bond’ means a written undertaking executed by the accused person as surety for his appearance before a criminal Court at the specified time and date. On executing a bail bond, the accused person is released on bail. A ‘personal recognizance’ means an undertaking given by the accused person in Which it is stipulated that he will appear before a criminal Court at 9the specified time and place and will not commit any offence while on bail. When such an undertaking is furnished by an accused person before arrest or after arrest, but prior to his release on bail, he can be released on ‘personal recognizance’. 

Grounds for Cancellation of Bail

The cancellation of bail is the legal process by which a bail bond is revoked and the defendant is taken back into custody. This can happen for a number of reasons, including if the defendant fails to appear for court or if they are arrested for another crime. If bail is cancelled, the defendant will have to go through the bail process again in order to be released from custody. If they are unable to post bail, they will remain in jail until their trial. In some cases, the defendant may be able to appeal against the cancellation of their bail. If the appeal is successful, they will be released from custody and their bail bond will be reinstated. However, if the appeal is unsuccessful, the defendant will remain in jail until their trial. 

Appeal against Dismissal of Bail Application

Bail is a legal concept that allows individuals who have been accused of criminal wrongdoing to remain free while their case is being adjudicated. In many cases, bail amounts are set based on the severity of the crime and the likelihood that the individual in question will attempt to flee or commit more crimes. However, there may be instances where individuals may find it challenging or impossible to obtain bail. In these cases, they may wish to appeal for dismissal of their bail so that they can have greater freedom while their case is being decided. 

Appealing for dismissal of bail is a complex process that involves demonstrating a significant change in circumstances since the original decision was made. For example, an individual who was previously unable to meet bail due to financial hardship could appeal for reassessment if their financial circumstances improve significantly. Appeal hearings are typically conducted by judges or high-ranking lawyers within the court system, and careful preparation is necessary in order to demonstrate why dismissal of one’s bail would be warranted under these circumstances. As such, anyone wishing to appeal for bail dismissal should seek appropriate legal advice and representation before proceeding with their case. With strong evidence and clear arguments, it is possible for an individual facing difficult circumstances to attain much-needed relief from burdensome bail requirements. 

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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