Bail/Anticipatory Bail
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Information About Bail? And Get Online Bail Lawyer in India
There are 3 types of bail in India:
- Regular bail
- Interim bail
- Anticipatory bail
Interim Bail
Under the Code of Criminal Procedure, interim bail is granted only for a short period and is applied when any application is pending. This is a conditional bail and the accused can apply for extension by paying a certain amount. If the accused fails to pay this amount, he/she will be taken into custody again and we will help you to provide best Online Bail Lawyer in India.
Anticipatory Bail
Section 438 of CrPC talks about anticipatory bail, which is always applied for BEFORE the arrest of a person. It is applied in case a person believes that he/she will be arrested or somebody can file FIR against him/her. Hire hire Anticipatory Bail Lawyer Once this bail is granted, the police cannot arrest this person; but he/she has to be present in case proceedings.
Bail Cancellation
The court has all the powers to cancel a bail. The police cannot cancel a bail. The court can cancel a bail if the accused does not cooperate with court proceedings, flees out of the country, tampers with evidence, threatens witnesses, or interferes with the investigation, misuses the bail conditions, failure to abide by the terms agreed upon during bail, and others.
Anticipatory bail lawyer services: Get expert consultation in India
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.
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.
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.
The 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.
Benefits of hiring an experienced anticipatory bail lawyer
A lawyer is necessary for filing a bail petition in the court. Without a lawyer it becomes quite a hassle to undergo legal proceedings. You may not have enough knowledge about bail laws and the skill to apply for a bail. Many people are not even aware of such a bail option. A lawyer by your side can make things easier for you.
The Bail Lawyer can help you in the following ways:
Once you hire a lawyer after a criminal complaint or FIR is lodged against you, the lawyer will begin taking the right legal moves. He/she will file for a pre-arrest bail, also called pre-arrest notice. As per lawyers, this can be the best legal move to take, when you anticipate arrest for a non-bailable offence.
2. Drafting the bail:
The lawyer will discuss your case with you. Thereafter, he/she will draft a bail application, which will include all the necessary points that talk about why the court should grant you the anticipatory bail. This step is crucial and needs the skill of a lawyer. It is important that you have only the best lawyer.
3. Filing the bail petition:
After preparing and finalizing the draft, the lawyer files the bail plea to the High Court or Sessions Court. Only the court can grant this type of bail.
4. Hearing of the bail plea:
During the case hearing, your lawyer presents your case before the judge. It is the judge who will decide whether the legal bail should be granted for you. In case your bail plea gets rejected, your lawyer can knock the doors of the higher court. For example, if the rejection is by the Session court, you can file in the High Court. If the rejection is by the High Court, you can go to the Supreme Court. In this case too, the services of a lawyer are indispensable.
Hire Anticipatory Bail Lawyer And Benefits to choose service
A person has the right to bail in case of non-cognizable offence, whereas in case of cognizable offence, the discretion of granting bail lies in the power of the court. When you are arrested, you must hire Anticipatory Bail Lawyer, So that he/she can prepare your bail papers and represent your case. They can also fight for you in case the court rejects your bail.
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Frequently Asked Questions (FAQs)
First you hire Anticipatory Bail Lawyer, The accused must sign a legal document called bail bond and must submit a particular amount of money specified in the bond. In addition, there should be two sureties present at the time of applying for the bail. They must guarantee that the accused will be present during all court proceedings.
Your lawyer will help you prepare the bail papers and do all the legal procedure so that there is no mistake or omission. It is always better to have a lawyer by your side in such legal proceedings.
The bail can be rejected in the following cases:
- The punishment for the offence committed is 7 or more years.
- Sedition
- Serious crime against property
- Murder, rape, and other such serious offences
- Criminal conspiracy or abetment
Yes, but there is a difference. Under IPC (Indian Penal Code), there are two types of offences: bailable and non-bailable. In case of bailable offence, the accused has the right to get a bail, whereas in non-bailable offence, granting the bail is under court’s discretion.
A bail bond is an agreement that the accused signs and pays a certain amount. It is a written promise that he/she will appear in all court proceedings for the case.
No, it is not necessary to have a lawyer by your side while applying for a bail; but then you must be well-versed with the procedure and the options you have in your case. To avoid any legal mistake, which can prove to be costly for you, it is good to hire a lawyer and let him/her take up the legal procedure.
It may cost anything from Rs. 25,000 to Rs. 30,000 to get an anticipatory bail in India. Factors like experience and reputation of lawyer, city, seriousness of the case, and others also come into play in deciding the cost.
Simply contact Online Legal Center and hire a lawyer. This is the first step.
The Sessions Court and the High Court have the power to grant anticipatory bail.
Duration of anticipatory bail is 30 days. Thereafter, you must file for a regular bail.
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Salient Features
Affordable Price
We offer some of the lowest prices in the industry.
Highly Qualified & Experienced Team
Our team of lawyers are certified through the Bar Council of India and have worked on umpteen numbers of cases successfully.
Legal & Moral Support
We provide legal guidance + our lawyers serve as pillar of strength to the clients to help them cope with the stress of cases.
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We provide round the clock support.
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