Anticipatory bail

i also want to know.

Dear Querist,

If a person believes that he may be arrested for a non-bailable offence, he may apply to the High Court or Court of Session for anticipatory bail i.e, in the event of arrest, he shall be released on bail. The anticipatory bail is valid during the whole proceedings of the case unless cancelled earlier.

(a) For non-bailable offences, apply to the concerned magistrate setting out the grounds for the grant of bail;
(b) In case the court is convinced that bail should be granted, it passes the order after hearing the arguments;
(c) At that stage fill in the bail bond duly signed by the surety and to be filed through his advocate. The surety takes the responsibility for producing the accused person in the Court;
(d) The amount of every bond executed shall be fixed with due regard to the circumstances of the case;
(e) A High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application filed by the complainant or the prosecution;
(f) In case of a bailable offence, only the bail bonds must be filed. No application is required to be made;
(g) The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.

The four factors, which are relevant for considering the application for grant of anticipatory bail, are :
(a) The nature and gravity or seriousness of accusation as apprehended by the applicant;
(b) The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
(c) The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
(d) The possibility of the appellant, if granted anticipatory bail, fleeing from justice

The main conditions for AB is that one has to prove that he/she has:

(a) Roots in society and that he/she will comply with the investigation;
(b) Show to the Court that he/she will not abscond and are willing to put up a surety amounting to Rs 5000 or something like that.
(c) Show to the Court that he/she has been threatened of false case.
(d) Mention in Court if all else fails - that he/she may be given atleast 7 days notice to comply with investigation and apply for regular bail at the minimum.

Trust this would suffice.

 
Rabin Majumder
Advocate-on-Record
Supreme Court of India.

Expert has already spoken, just one more thing, a prima-facie case where the applicant apprehends arrest has to be made out.

It can be either FIR/ Complaint/ Threat.

I agree with the experts

Please read the MEHTRE case by SC in this matter also on the files section of this site. It will give you complete concept and if real problem will help you to get AB.