A vigilant citizen should have basic knowledge of legal terms not only the lawyers such as district lawyers, high court lawyers, supreme court lawyers, etc. The knowledge of provisions regarding Anticipatory bail falls under this category only. To make the concept clear, the senior lawyer in the Gurgaon court has simplified objectives and requirements in simple words.

What is Anticipatory Bail? – As Per Senior Lawyer in Gurgaon

Anticipatory bail is granted in anticipation of arrest under non-bailable offences in India. Any person who apprehends arrest can seek bail in anticipation under the provisions of section 438 of the Code of Criminal Procedures, 1973. Remember, a person cannot seek anticipatory bail after the arrest, as anticipatory bail is obtained before the actual arrest is made. By granting anticipatory bail a court passes an order that in case of any arrest under non-bailable crime, the person shall be released on bail.

Many people misunderstood the basic requirement, which is anticipatory bail is taken before the arrest, but if a person is arrested before getting anticipatory bail, then he or she will have to apply for regular bail.

Some point to remember regarding Anticipatory bail.

• Anticipatory bail is granted prior to arrest.
• It can be applied in sessions and high court, if the application is rejected in the sessions court, a person can request it in the High court.
• Granting anticipatory bail is the discretion of the court.
• The physical presence of a person applying for anticipatory bail is not necessary, but his lawyer must submit a signed vakalatnama in court.
• Court serves notice to the complainant and asks them to register an objection to the issuance of anticipatory bail. The court takes note of the sensitivity of the allegations, and after considering all aspects it grants anticipatory bail.

Senior lawyer in Gurgaon Court Explains the Reason for Introducing Anticipatory Bail

The 41st Report of the Law Commission of India, dated September 24, 1969, highlighted the necessity of introducing a provision in the Code of Criminal Procedure enabling the High and Sessions court to grant anticipatory bail. The very basic purpose of adding this provision was that no individual should be confined in any way until and unless held guilty. The lawmakers realized that sometimes false cases are filed that puts personal liberty in jeopardy. Through the anticipatory bail mechanism, the court prevents undue harassment and disgrace of a person from arrest and detention.

Sessions court or High court can impose some conditions for anticipatory bail.

1. That the person who is seeking anticipatory relief will fully support the police under investigation.
2. The court can take surety from the person that he will support police during interrogation and register his statement whenever police ask them to.
3. Session or high court make sure that person will not lure directly or indirectly to investigation authority, witnesses or plaintiff or complainant. 
4. Same way, the court wants to make sure prior to granting anticipatory bail that the person will not directly or indirectly threaten the complainant, witness or investigation authority.

Apart from this criminal record of a person seeking anticipatory bail and his chances of being out of the country are fully analyzed.

Hiring a lawyer is necessary to apply for anticipatory bail, residents from the NCR region can come and discuss the possibility of getting bail with a senior lawyer in Gurgaon anytime, we are sure their lawyer will be a big help.

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