What is an Anticipatory Bail Application?
An anticipatory bail is sought when any person apprehends arrest by the police. If granted by the court, the police have to release the person, if arrested, on bail on terms and conditions as directed by the court in the anticipatory bail order. If a person believes they are likely to be arrested on non-bailable charges, they can move to the Court of Session or the High Court for anticipatory bail. Anticipatory bail is pre-arrest bail, and the court’s authority to grant anticipatory bail is discretionary.
Anticipatory bail is generally valid for 30 days but sometimes the court can grant more time depending on the case and circumstances. So this is within the jurisdiction and authority of the court to decide the validity of bail granted. 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.
Need For an Anticipatory Bail Application?
Anticipatory bail is meant to be a safeguard for a person who has false accusations or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.
To get anticipatory bail, the person seeking it must approach the Court of Sessions or the High Court cite section 438 of the Criminal Procedure Code, and give a proper reason to apply for it. If the court, based on several conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released based on the anticipatory bail.
FAQ For an Anticipatory Bail Application?
Q1. At what stage is anticipatory bail filed?
Ans – An anticipatory bail application can be filed if the person apprehends arrest on the accusation of a cognizable, non-bailable offense.
Q2. What are the types of bail?
Ans – The Code provides different kinds of bail:- Bail. in Bailable offense (Section436) Bail in Non-bailable offence (section 437) Anticipatory bail (section 438) • Ad interim bail • Bail after conviction (section 389) • Bail on default (section 167(2)
Q3. How many days to get anticipatory bail?
An s – It may take around a week to 15 days for a court to dispose of (conclude) a bail application
Q4. Is anticipatory bail temporary?
Ans – “Bail is a rule and jail is an exception.” Bail is defined as the temporary release of an accused by submitting an amount of money to a court and returning later for a trial.
Anticipatory Bail Application
IN THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. _______ OF 20
………………………………………………………………
Resi at ___________ …….. Petitioner
V/s
- State of Maharashtra at the instance of The Inspector of Police In-charge of ________Police Station …….. Respondent
CRIMINAL ANTICIPATORY BAIL APPLICATION UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973.
To
THE HON’BLE PRINCIPAL JUDGE AND HIS COMPANION JUDGES OF THIS HON’BLE COURT.THE HUMBLE PETITION OF THE PETITIONER ABOVE
NAMED:MOST RESPECTFULLY SHEWETH:
- The petitioner is a citizen of India. The petitioner is about ___years old and is unmarried. The petitioner is a permanent resident of Mumbai, residing at the address as mentioned in the cause title since birth. The petitioner is the son of ____________, who is the co-owner of the aforesaid premises. The petitioner’s father shares the said premises amongst others with one of the petitioner’s ……………………..
The petitioner’s father and the said…………………………. are also partners in a firm called M/s. _____________ situated at _______________________.
2. The petitioner’s …………………………………………….. are involved in various civil disputes relating to the said partnership firm, the residential premises and other commonly held properties. There are many cases and proceedings pending in different courts in Mumbai relating to the same. The said ………………… has also time and again dragged the petitioner’s father and his family to the Criminal courts and/or police station. However on each of the occasions the said ………………… has met with no success but continues to harass the petitioner, his parents and other family members by lodging false, frivolous and mischievous complaints one after the other.
3. The petitioner understands that the said ………………………. has filed a complaint on or around _________ in the ____________ under Sections _____________ of the Indian Penal Code against the petitioner’s ……………………….. of his family members including the petitioner …………………………………………………………………………………………. The petitioner says and submits that the said complaint has been filed by the said ……………… as a continuation of the process of harassment and vendetta against the petitioner’s father and with a view to coerce and threaten the petitioner into submission in relation to the civil disputes pending between the petitioner and the said ………………… The petitioner states that on the said date of __________, the said …………………… had stolen the petitioner’s mobile phone and the petitioner had lodged an N.C. complaint (being complaint No._________ of 20………) at the _________ police station. The complaint by ………….. is merely a counter blast.
4. The petitioner apprehends that on the basis of the allegations contained in the said counter complaint of …………………. the police authorities are likely to arrest / detain him. The petitioner is a respectable citizen of India and is well known in the locality where he stays. The petitioner is an educated youth being _________ (mention the educational qualifications). The petitioner is an Income-tax assessee. The petitioner has acquired his reputation which would be tarnished if he is arrested and/or detained. The petitioner has done nothing to warrant that his reputation to be harmed at the behest of his disgruntled uncle, i.e. said Mr. …………………
5. The petitioner says that the nature of disputes between his father and his uncle are civil and the courts are fully seized of the same and as a law abiding citizen of the country the petitioner shall abide by the verdict of the Honorable courts.
6. The petitioner says and submits that there is no allegation against him requiring custodial interrogation and therefore prays that in the event of the petitioner’s arrest by the _____________Police Station on the basis of the aforesaid allegations made by ……………………….., this Honorable court be pleased to release him on Bail on such terms and conditions and on such amount as this Honorable court may deem fit and proper. The petitioner undertakes to extend his fullest co-operation to the police and report at the police station as and when required for any investigation. The petitioner has his roots in Mumbai and is living in Mumbai since his birth. The petitioner’s father is the co-owner of immovable property _________________________ (describe the immovable property and give its address in detail). The petitioner, his brother and his parents are all residing together at ______________________ (Give residential address in full). There is no apprehension of the petitioner absconding. There is no threat of the petitioner tampering with the evidence in any manner whatsoever.
The petitioner therefore prays:
a. that in the event of the arrest of the petitioner by the __________ Police station on charges arising out of the complaint made by ………………………………., the Inspector of Police be directed to release the petitioner on bail of such amount and on such terms and conditions as this Honorable court may deem fit and proper;
b. for such other and further reliefs as may be deemed fit and proper in the facts and circumstances of the case.
Mumbai dated this ________ day of _________, 20………….
Petition drawn by: Petitioner
Advocate for the Petitioner
VERIFICATION
I. …………………………………………………………, the petitioner above-mentioned, do solemnly affirm that what is stated in this petition save and except legal submissions is true to my personal knowledge.
Solemnly affirmed at Mumbai on) this ______ day of ……………………………………)
Petitioner
Before me
Advocate for the petitioner.
