Anticipatary bail process and fee
1 year ago
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A.Dear client,
Yes, you can apply for anticipatory bail even before a First Information Report (FIR) has been filed against you (in anticipation that there are reasonable grounds to believe to be arrested).
Anticipatory bail is applied under section Section 438 of the Criminal Procedure Code.
1. Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail
2. Get the lawyer to draft an anticipatory bail mentioning your version of the facts
3. Apply at the appropriate district court or high court
4. Hearing of the Bail Application
In your case as FIR is not filed,
The public prosecutor will talk to the police officer concerned
Since no FIR has been filed, the prosecutor will be of the view that there are no grounds for granting anticipatory bail
The judge will agree to this and your lawyer will be verbally asked to withdraw the anticipatory bail
The lawyer will then make an oral prayer for seven days pre-arrest notice in case the police formulates an intention to arrest you/your family
In all likelihood, the judge will grant this plea
An order will be passed accordingly. This is called the ‘notice bail’ commonly.
If the bail application is rejected, you could apply to the High Court.
If the High Court also rejects the bail, you could apply to the Supreme Court
Yes, you can apply for anticipatory bail even before a First Information Report (FIR) has been filed against you (in anticipation that there are reasonable grounds to believe to be arrested).
Anticipatory bail is applied under section Section 438 of the Criminal Procedure Code.
1. Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail
2. Get the lawyer to draft an anticipatory bail mentioning your version of the facts
3. Apply at the appropriate district court or high court
4. Hearing of the Bail Application
In your case as FIR is not filed,
The public prosecutor will talk to the police officer concerned
Since no FIR has been filed, the prosecutor will be of the view that there are no grounds for granting anticipatory bail
The judge will agree to this and your lawyer will be verbally asked to withdraw the anticipatory bail
The lawyer will then make an oral prayer for seven days pre-arrest notice in case the police formulates an intention to arrest you/your family
In all likelihood, the judge will grant this plea
An order will be passed accordingly. This is called the ‘notice bail’ commonly.
If the bail application is rejected, you could apply to the High Court.
If the High Court also rejects the bail, you could apply to the Supreme Court
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A.Dear Client
Unless there is an FIR or complaint registered against you you can not apply for an anticipatory bail. Just because you think that your ex girl friend can lodge a complaint on that basis no need to apply for anticipatory bail.
Unless there is an FIR or complaint registered against you you can not apply for an anticipatory bail. Just because you think that your ex girl friend can lodge a complaint on that basis no need to apply for anticipatory bail.
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