Why, when and where to apply anticipatory bail

Question as to why, when and where to apply for Anticipatory Bail, comes to the mind of every person who never had faced any such situation in their life. Now before we start, I want everyone to understand from stage one before they apply for an Anticipatory Bail.

Immediately after a receipt of a complaint, the police is bound to register an FIR (First Information Report) if the offence is a cognizable one or issue a non cognizable report if the offence is non-cognizable. Since there is no particular definition of cognizable offence or non-cognizable offence, but The Indian Penal Code, 1860 had categorized the offences accordingly.

After the registration of an FIR, the police starts the investigation to ascertain truth of the allegations, and for that reason police may call any person acquainted with the facts (including the accused) to join investigation (by issuing a notice U/S 41A Cr.P.C) and record their statement.

Now comes the question of Anticipatory Bail, where FIR registered against the accused is of Non-bailable offences (as classified in The Indian Penal Code,1860), the accused or accused persons has to immediately apply for Anticipatory Bail, before joining the investigation otherwise there is every possibility that he or they can be arrested at the joining of investigation. But if the offences are Bailable (as classified in The Indian Penal Code,1860) the police can release the accused on his executing a personal bond or surety bond and there is not need to apply for Anticipatory Bail in bailable offences.

First Anticipatory Bail is applied before the Sessions Court within the Jurisdiction of the Police Station where the FIR has been registered and while arguing with the first bail application of Anticipatory Bail, the bail application should cover the following point specifically:

• That the accused will join the investigation as and when required or in the cases where the investigation is complete and the charge sheet has been filed, the accused will make himself available before the court on each and every date

• That the accused will not tamper any document while he is on Anticipatory Bail, where the case is primarily based on documents and the documents were already in the possession of the investigation agency, the possibility of tampering becomes impossible.

• That the accused will not influence or threaten any witness while he is on Anticipatory Bail, on this aspect the courts are governed by the conduct, social status or influence of the accused to threaten or influence any witness, where the accused is a normal person with no background or influence, the possibility of influencing or threatening is ruled out.

• That the accused has deep roots in the society, is staying at a particular place since a long period and was not involved in any case in past.

• That the bone-fide intention of the accused can also be justified by his giving surety to the court to ensure his presence before the courts in the Interest of Justice.

• That the accused will not get involved in any activity which will hamper the investigation or proceedings before the courts, a further condition which can help accused in seeking Bail.   

• Where the investigation is complete and charge sheet is filed, the courts are not very reluctant to grant Anticipatory Bail or even Regular Bail, however, the courts need to be satisfied as well as convinced on all the above-mentioned aspects before the courts exercise their discretion to grant Bail.