Meaning of Anticipatory Bail

Courts in India prefer bail over jail. When a person apprehends arrest (is afraid of being arrested) in a non-bailable criminal matter, he/ she can prove the same in court asserting innocence and the court may safeguard his/ her freedom through bail. In such a case, bail is granted just in case the person is sought to be arrested. Section 438 of the Code of Criminal Procedure, 1973 (CrPC) provides for ‘Direction for grant of bail to persons apprehending arrest’. Only the sessions court and high court are empowered to grant anticipatory bail. It may be noted that the provision ensures freedom for the innocent and not a person who per se has enough evidence against him. As can be understood through anticipatory bail advocates, it is a conditional bail whereby the applicant has to make himself available during interrogation and not induce anything related with the ongoing matter.

Anticipatory Bail Lawyers in India

Criminal matters in India are a tough nut and apart from knowing the applicable laws, having a foolproof strategy is required to crack it. It is the job of lawyers to convince the court in favour of their clients and mould the facts accordingly. Expert anticipatory bail lawyers have to convince the court that their client has nothing to do with the criminal matter in hand. Lawyers for anticipatory bail in India also assure the courts that the applicant will not interfere with the evidence or witnesses and will be available for interrogation whenever required. Only when everything asserted by the anticipatory bail advocates in India is convincing enough, the concerned courts grant bail. Know more through queries raised towards anticipatory bail attorneys in India below.

FAQs for Anticipatory Bail Lawyers in India

Q- What do Indian Anticipatory Bail Lawyers do?

A- There is a provision under Section 438 of CrPC which allows people to be safe against arrest even before arrest. Whenever a person apprehends or anticipates arrest in an ongoing criminal matter, staying out of the prison is assured if anticipatory bail advocates in India get success in this regard. The concerned clients reach out to the sessions or high court through their lawyers for anticipatory bail and file an application under CrPC Section 438. It is the job of anticipatory bail lawyers in India to convince the court in favour of the client through applicable law, case law authorities and facts of the case proving innocence of the client.

Q- How much does it cost for anticipatory bail in India?

A- There is no fixed standard for anticipatory bail lawyer fees in India. How much an anticipatory bail advocate may charge depends upon the seriousness of the matter and evidence available against the client. For example, in case it is a charge of murder under Section 302 and the available evidence directly point out towards the applicant being an accused, even a famous lawyer for anticipatory bail may not be able to do much. However, anticipatory bail lawyers know at which stage to apply for one to get the court convinced in favour of the client, and when it is the most risky phase which may ruin the whole case against the client.

Q- How to consult with expert anticipatory bail advocates?

A- People often find it haunting to have a conversation with criminal lawyers in India for bail assuming that they might talk about legal concepts which a common man is not usually aware of. Little do they know that consultation with anticipatory bail lawyers involves reiterating all the facts, what exactly happened and what the police have got against them. The lawyer for anticipatory bail in India already knows the law and only facts of the matter are asked from the clients. Just like a doctor, clients should remain honest with their anticipatory bail lawyers in India since they are duty bound by law to maintain the confidentiality of clients.