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Dr J C Vashista (Advocate)     10 August 2021

As per law prevailing on the subject, read and apply if required.

1 Like

minakshi bindhani   07 September 2021

As per your query
when a person has the apprehension of arrest in criminal cases. Bail is a legal relief that a person may be entitled to get temporary freedom until final judgment has been passed in a case. Depending on the gravity of the allegations, a person may be able to avoid arrest, however, a person can apply for anticipatory bail under section 438 of Cr. P.C even before an FIR (First information report)has been filed against him, on anticipation that he has reasonable grounds to believe to be arrested.
1. It is advisable to engage a criminal lawyer of your local, once a criminal complaint or FIR has been lodged.
2. Once the application for anticipatory bail is drafted the advocate will file the same at an appropriate Sessions Court.
3. When the matter comes up for hearing, the Lawyer must appear and present the case. If the judge sees the case to be fit for granting anticipatory bail, anticipatory bail is provided to the accused. In case an anticipatory bail application is rejected in the Sessions Court, the application can be made to the High Court. If the High Court also rejects the bail, the application can be made in the Supreme Court.

The court may impose particular conditions:

a condition that the person shall make himself available for interrogation by the police officer as and when required;

a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the court or any police officer;

a condition that the person shall not leave India without the previous permission of the court.

Hope it clarifies your issues!
Minakshi Bindhani

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