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Stay Ahead of Legal Troubles with an Expert Anticipatory Bail Lawyer
What Is Anticipatory Bail/ Bail?
There are 3 types of bail in India:
- Regular bail
- Interim bail
- Anticipatory bail
Regular bail involves releasing the arrested by filling bail bond and security in the presence of two sureties. The person can get this bail in the police station itself, but in case of non-bailable offence, he/she must file for bail at the Session Court or High Court. Section 437 and Section 439 gives an accused the right to be released from jail after their bail is granted.
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.
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.
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.
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.
- 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.
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