If someone lodges an FIR against you, there are certain provisions in the Constitution of India that provide you the right Just following below mentioned simple steps, one can easily get anticipatory bail:
1-Contact a good lawyer on an immediate basis who can help you file an application for anticipatory bail and pre-arrest notice
2-Create and file the application for anticipatory bail and sign it with your lawyer
3- There must be an affidavit supporting the application.
4- Also, attach the copy of FIR with all relevant documents
5- Now file the application in appropriate district court
6-Send someone on your behalf with your lawyer on hearing of your application
7-Your protection for anticipatory bail is available till the trial ends.
After above mentioned procedure two conditions can prevail:
1- When no FIR has been filed
- If there is no FIR filed against you, there is no any chance to grant a bail.
- It is the job of lawyer who will request court for the grant of pre-arrest notice
- If the court allows pre-arrest notice, you can further use this for applying anticipatory bail
- You have the option to apply for anticipatory bail to the High Court and next to the Supreme Court if the existing court rejects your bail application.
2- When FIR has been filed
In case the FIR has been filed, the officer appointed for the investigation sends you a arrest notice one week before arresting you. This is the valuable time period in between you can apply for an anticipatory bail.
The anticipatory bail of any person is granted based on following conditions:
1-Nature and criticality of the allegation
2-Logic of presumption that you might be arrested
3-You will be available in-front of police for questioning whenever required
4- You will not threaten or take wrongful promises from any witnesses
5-You will not go abroad without the prior permission of the court
Validity of Anticipatory bail
Once you get anticipatory bail, it remains valid until your case if finally disposed. In some cases the time period of anticipatory bail depends on the decision of the court. In case you hold an anticipatory bail, you do not need a regular bail until you get arrest orders from the court.
There is also a condition when your anticipatory bail is not accepted in the session court, in such case you can approach the High Court or Supreme Court.
Conditions and procedures after you are granted anticipatory bail:
- You will have to present yourself at the police station whenever you are called
- Someone close to you who can act as your surety need to go with you
- You will have to sign your sureties as a legal document of bond that describes the outcomes when you do not follow the directions of the court
- The judge decides the bail amount, and in a few cases you will have to put your property as a security for bail.
- The court will order you to sell or seize your property if you do not appear when court requires.
A police officer has no right to arrest a person who has received an anticipatory bail from the court abide by the conditions put forward by the court. If the person fails to follow the conditions, then the court may issue the arrest order.
Published by India Legal