Quick Answer: What Is Anticipatory Bail In India?

Can anticipatory bail be rejected?

When the application of anticipatory bail is rejected by the Court of Session, then a fresh application can be made in the High Court.

The grant of anticipatory bail can be allowed even in the absence of the applicant..

What happens after anticipatory bail is granted?

Therefore, when a person who has obtained an order of anticipatory bail, gets arrested and then gets released by virtue of order of anticipatory bail, the person ceases to be in custody. Therefore, he can’t move regular court for regular bail as the very essence of regular bail is absent in such a situation.

Is Fir necessary for anticipatory bail?

Therefore, Section 438 cannot ,be invoked, unless there is some material on the basis of which the Court can come to the conclusion that the apprehension of the petitioner for the arrest is genuine. … Anticipatory bail can be granted even after an F.I.R. is filed, so long as the applicant has not been arrested.

Who can give bail in India?

Bail can be given by the officer-in-charge of the police station or the police officer who is investigating. Section 170 of Cr. P.C. confers authority to give bail, in the officer-in-charge of the police station in case the person is accused of committing a non-bailable offense.

What is mean by anticipatory bail?

Anticipatory bail means an application seeking permission from the court to be released if arrested by the police, but only for the particular reason against which permission of anticipatory bail is asked by the accused.

How can I get anticipatory bail in India?

The type of anticipatory bail provides that a person who believes that he may get arrested for a non-bailable offence then that person may apply to the either High court or the session’s court in order to get a direction for grant of anticipatory bail under section 438 of Code of Criminal Procedure 1973.

What is the duration of anticipatory bail?

The Supreme Court today settled the difference of opinion stemming from its two prior verdicts by ruling that anticipatory bail can’t be restricted by a time limit unless a competent court orders such a condition in a specific case.

Can police grant bail in India?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non-bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

How many types of bail are there?

3 typesThere are commonly 3 types of bail in India which a person can apply depending upon the stage of the criminal matter: Regular Bail: A regular bail can be granted to a person who has already been arrested and kept in police custody.

How long does it take to get anticipatory bail in India?

15 to 30 daysSir normally the bail takes 15 to 30 days, as when you file a petition then the public prosecutor receives the petition he will file objections which takes few days, thereafter the arguments are heard then orders are passed , the whole process takes 15 to 30 days normally.

What is the cost of anticipatory bail?

Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

Who grants anticipatory bail?

Section 438 of the Code confers on the High Court and the Court of Session, the power to grant `anticipatory bail’ if the applicant has `reason to believe’ that he may be arrested on accusation of having committed a non-bailable offence. The expression `anticipatory bail’ has not been defined in the Code.

How do you oppose anticipatory bail?

Section 438 of Crpc allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court.

What is the difference between anticipatory bail and regular bail?

The essential difference between regular bail and anticipatory bail is that while a regular bail is applied for by a person/ accused only after his arrest, anticipatory bail (“Anticipatory Bail”) is applied for by a person in anticipation of his arrest and to secure orders from court to prevent the actual arrest.

What are the documents required for bail?

Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety.