Anticipatory Bail, Clearly Explained

Anticipatory bail is the order sought from the court to avoid arrest after FIR has been registered in a criminal case, when there is apprehension of arrest. On getting this bail, the police does not arrest you on the condition of cooperating in the investigation.

First of all, you have to apply to the Sessions Court of your district. If the petition is rejected from there, then you can apply to the High Court, Prayagraj.

Copy of the FIR, your identity card (Aadhaar card), and an affidavit stating that you are innocent and will cooperate fully in the investigation.

The court takes its decision considering the seriousness of the case and the evidence available against you. If the charges are not serious and you are not likely to flee, your chances of getting bail increase.

It is extremely difficult to get anticipatory bail in serious crimes like murder, rape, robbery, cases related to commercial quantity of NDPS Act, and Gangster Act.

The court may impose conditions such as – you will not leave the country, you will appear when required by the investigating officer, you will not threaten witnesses, and you will not tamper with evidence.

You have the option to appeal to the High Court, Prayagraj. Meanwhile the police can arrest you.

If you are able to prove prima facie (on the face of it) that the case is false or malicious, then there is a strong possibility of a verdict in your favor.

This is usually available till the investigation is completed and the charge sheet is filed. After this you have to apply for regular bail.

This may be a strong foundation, but is not necessary. The court will look at your role in your case separately.

The main arguments are the possibility of false implication, old enmity, permanent address of the accused, cooperation in the investigation, no criminal history and no possibility of evidence being tampered with.

The court can impose conditions like surrender of passport or ban on foreign travel to prevent absconding.

Yes. Bail can be canceled for breaking the condition, threatening a witness, evading investigation or committing a new crime.

If there is a possibility of arrest, the lawyer should immediately formulate a strategy after seeing the strength of the case. In some cases direct anticipatory bail, in others protection from the High Court is better.

No. This is only protection from arrest. The case will be decided on evidence, witnesses and legal arguments.

Yes, you can file an objection in the court through your lawyer and explain why the accused should not be granted bail.

You can argue that the accused may threaten witnesses, destroy evidence, flee or commit the crime again if he comes out.

You should immediately inform the police and file a petition in the court through your lawyer for bail cancellation.

Yes, the court asks for the case diary from the police to see what evidence has been found against the accused in the investigation. The decision is taken on this basis.

Law is equal for everyone. If your lawyer correctly presents the facts and evidence before the court, it becomes difficult to get bail on the basis of influence.

In serious cases the advocate of the victim or complainant may be heard. The victim may fear threat, influence and destruction of evidence by the accused.

The court may take into account age, health, pregnancy, responsibility for children and seriousness of the role, but the nature of the offense is equally important.