What Is Anticipatory Bail And How Does It Work?
Anticipatory bail comes under Section 438 of CrPC (Criminal Code of Procedure). The section states: “Direction for grant of bail to person apprehending arrest.” It is applied for before arrest, in a case where the person believes that an FIR can be lodged against him/her or he/she can be arrested. A person on this bail cannot be arrested; but the person should attend case proceedings.
The Constitution of India grants certain rights to the citizens of India. Among them, two are: Right to Personal Liberty and Right to Life. These two rights are for everybody, not just for those holding the Indian citizenship.
The Order of this legal bail comes into effect AFTER arrest. The application for the bail is filed BEFORE arrest. So, it is a kind of pre-arrest bail. When a person anticipates his/her arrest, he/she can apply for this bail. This is for non-bailable offences. Once the person is arrested, he/she will be released immediately through the Order.
he court grants this bail under certain conditions, including bond amount, etc. The person on bail must also be present in each of the proceeding and provide full co-operation in the case investigation. Also, the court may direct the person on bail to not tamper with the evidence, intimidate any witness or the victim, or do anything that may be against the law. In some cases, the person on bail may be restricted by the court to not leave the country without the court’s permission.
This type of bail is a boon to people who believe their rivals have falsely accused them of a crime. Some people use their influence or power to implicate somebody and get them arrested. In such a case, this bail can protect the freedom of the arrested person.
However, the person on bail should abide by the bail laws and fulfill the conditions. Failure of complying with the conditions can lead to cancellation of the bail and subsequent arrest.
Remember, this type of bail works only for non-bailable offences. For offences that are bailable, you can get a bail after arrest, so you don’t need to apply for a pre-arrest bail. A good lawyer can make a huge difference. Make sure you hire only the best lawyer who applies for your bail and ensures your rights are protected. Such lawyers not only are a great legal mentor, but also serve as an excellent moral support for their clients.
Timely legal consultation can save you from getting arrested. Contact Online Legal Center to get excellent legal help from some of the most reputable and experienced lawyers of the country. They will analyze your case and give you the best possible legal advice. It is always good to have a lawyer by your side because they are well-versed in bail laws and other legal proceedings.
You can schedule a call with one of the lawyers at the Center by filling a quick online form. Or you can call or contact through WhatsApp. The lawyers will get in touch with you. Discuss your case with them and tell about your fear of arrest. The lawyer will take the necessary legal move to avoid your arrest.
The application for anticipatory bail is filed at the Sessions Court or the High Court. When a person fears that he or she will be arrested under Section 406, 434, or 498A, he/she, with the help of a good Anticipatory Bail Lawyer, can file for bail. The lawyer will apply for the bail in the requisite court with a vakalatnama or Power of Attorney. The lawyer will also inform you about the things you must do so that your case does not get complicated.
Anticipatory bail can help you avert a major legal disaster. This is because if you are arrested, it can be very inconvenient for you and for your family, and your profession. Expert consultation in this regard can save you from major legal troubles later.
Online Legal Center is one of the best places to contact when you wish to file an application for such a bail. The Center takes pride in harbouring Bar-certified advocates and experienced lawyers. They are apt in giving you practical solutions to legal problems. They are known for keeping their clients’ information confidential. You can expect excellent legal service, along with 100% security and satisfaction.
Online Legal Center is an ISO-certified center recognized by the Government of India. Having a lawyer from such a prestigious legal center makes a difference in how your case proceeds. You feel more confident and less stressed when you have the best lawyer for anticipatory bail. The best part is that hiring lawyers from this Center is affordable. This removes the common misconception that lawyers are expensive. On the contrary, when you don’t hire a lawyer and struggle to fight your case on your own, this can prove to be costlier. You may even lose your case due to lack of legal knowledge and experience.